On The Criminal Law Regulation Of The False Lawsuit

The False lawsuit is that the perpetrator conducts a suit or ADR in order to achieve unlawful purposes. During the suit, he fabricates facts, makes a false statement, provides false evidence, or incites, conspire, threaten, lure the witnesses to perjury to deceive the court to make the wrong decisions and the implementation. The legitimate interests of the victims suffered some degree of loss, and the behavior of the normal judicial activities of the judiciary will be serious prejudiced.There is no assessment on False lawsuit in current Chinese legal regime.Some scholars have suggested that false lawsuit shall not be defined as a Crime, or at most be apt to be handled it as Extortion. The majority scholars contended that such kind of false lawsuit, as it involves serious circumstances and with the purpose of illegally taking possession of another person's property and property rights, is within the scope the crime of fraud. It shall be criminated as crime of fraud and be punished accordingly, which is in conformity with the spirit and principles of current Criminal Law of the People's Republic of China. Another opinion for some scholars is that in order to effectively restraint the law suit and further maintenance of the order of the judicial activities, Legislation and relative lawmaking which regulate the false lawsuit should be improve to meet the need of the development of the new situations in the society.False lawsuit has serious social harm and deserved Punishment and should be included in criminal law to regulate it. "Obstruction of justice " in current criminal law has not include the provisions of False lawsuit. "Perjury" only applies to criminal proceedings in the field of a specific subject, "Obstruction of Witnessing" and "Help destroy or forge evidence" can not publish the parties who forge evidence in civil proceedings. Theory construction of False lawsuit and Fraud is not fit. The main requirement is not completely consistent and violations are not the same object, lack of basis of reality. The False lawsuit can not circumvent legislation to compromise to existing laws. The progress of the rule of law should be accompanied by the improvement of legislation. Author suggests to introduce the crime of " False lawsuit ", and attributes it to"obstruction of justice"for the crime areas.