The Criminal Regulation Of Fraud Invading The Wealth In The Litigation

in the us is still in the heated discussion of China's national defense "complex" anaerobic means to suit the implementation of fraud has quietly. We should emphasize the maintenance and litigation rights protection, but charming wasted is wrong is the judicial reform process should not pay the price. Litigation fraud invading the wealth of society, has serious harm and multiple, should be from the perspective, the need for sin, But the right Angle, our country criminal law, there is no expressly for such action, fraud, Chinese scholars to be convicted and punished contend, practice is differ, but practice is the most scholars of the view. At present, will suit fraud invading the wealth for fraud behavior is helpless, qualitative, will also is transitional choice. Based on the litigation fraud invading the wealth of qualitative analysis controversial behavior on the basis of the behavior, emphatically analyses the difference with fraud, draw the conclusion is: the difference obvious, litigation fraud invading the wealth of governing actions into is obvious. The author thinks that it shall be convicted and punished separately behavior, this accords with judicial practice and the needs of the construction of rule of law, also accord with the principle of legality and principle of the austerity of criminal law. According to criminal charges as main object is considered in this paper, the classification of innocence, this act as "false" more appropriate action, and shall be under the hamper the judicial sin.