The Criminal Law Regulation Of Litigation Fraud

The litigation fraud is the behavior of perpetrator who gains the others'belongings illegally, other illegal intentions for property benefits or other illegal intentions, the legal procedure initiatively (including civil action, administrative proceedings, civil arbitration), with methods of fictionalizing fact, concealing truth, forging evidence, urges the court or the arbitration facilities make the wrong ruling, thus causes the belongings, the property benefits or other illegal benefits of the victim shifts to the perpetrator or the third person.This article divides into three chapters to research the concept, qualitative, judicial countermeasure the litigation fraud, and proposes the legislative conception for sentencing litigation fraud as criminal.In the first chapter "several basic questions about the litigation fraud", the author has discussed about the concept, the characteristic, and the differences among several similar behaviors type about the litigation fraud, for building the foundation carrying on the further analysis. In the second chapter "the qualitative analysis about the litigation fraud", has made the analysis about present situation and the dispute focal point from domestic and the overseas'litigation fraud behavior, particularly for the reason why could not constitute the crime of fraud. In carries on the evaluation after the present viewpoint, obtained has not been able to use the existing charge in the present criminal justice system to determine the nature. In the third chapter "the legislative conception and the judicial countermeasure about the litigation fraud", the author regarding set up the litigation fraud crime's necessity to carry on the proof alone, proposed the corresponding article establishment opinion as well as inquired into crime shape issue of the crime of litigation fraud.Finally, to propose certain countermeasure for how to deal with the litigation fraud regarding the current judicial practice...