Judicial Perspective On Criminal Regulations Of False Litigation

False litigation refers to the act that both parties of civil litigation, with illegal motivation and purpose, take the right of action as a method, make up facts and forge evidence after malicious collusion, induce the court have a wrong judgment which enable them to acquire illegal interests. In recent years,false litigation, as a new litigation trend brewing on the horizon, increase sharply in many district of China, of which the content and type turn to be complex and diversified. This new phenomena has caused great attention both in academic research and judicial practice. False litigation has significant characteristics. Compared with similar concepts such as malicious prosecution and unilateral fraud litigation, false litigation leads to more serious social harm, which has not only disrupted the order of courts,undermined the judicial credibility, wasted the valuable judicial resources, but also infringed the rights of other people. There are many reasons on account of the false litigation phenomenon, most important of which is lack of effective regulation in our legal system, on the one hand, civil sanctions are insufficient to prevent it, on the other hand, there is no definite accusation in criminal law which is suitable for it, leading to imbalance between risk and return. Since there is no clear definition in the Criminal Law,qualitative about false litigation becomes a problem full of theoretical dispute, causing chaos in the judicial practice, same situation being treated with great diversity. Therefore, it is necessary to further study regarding criminal regulations of false litigation, and put forward feasible solution through investigation and demonstration.This paper is divided into three chapters. In the first chapter, the definition, identity, classification and reasons of false litigation are introduced; besides, the author presents some specific cases and similar concepts to illustrate what false litigation is. The author believe that false litigation refers to the act that both parties of civil litigation, with malicious collusion, induce the court have a wrong judgment which enable them to acquire illegal interests by means of making up facts and forging evidence. The second chapter highlights the necessity that false litigation should be considered as a kind of crime based on its great social harm, then focuses on relevant criminal provisions in our country and current judicial practice in the handling of this issue, involves scholars'different opinions about qualitative analysis. The author points out that charges like fraud, extortion, obstruction of witnessing, or theory of innocence are questionable. The third chapter firstly analyses some offenses which could be applied to false litigation under the present legislative framework. It shows that the existing provisions of Criminal Law relating to charges of false litigation is not a direct correspondence, in fact, expediency, rather than a long-term strategy. From the future legislation level, the author suggests establishing a new accusation, and then puts forward perspective on the elements of crime, design of provisions, penalty and judicial application.The author hopes that through this writing, summarize the existing research results and clarify some controversial issues about false litigation, as well as put forward some feasible suggestions to prevent and punish acts of false litigation, so as to unify judicial understanding and scale gradually by the time.