A Study On The Act Of Fraud By Lawsuit

With the process of rule by law carrying forward in our country, people's law consciousness strengthens continuously, and more and more people begin to approbate law's function and meaning in social life. But, in the meantime, some negative phenomenon also begin to appear quietly in the lawsuit field, moreover, they have the trend of becoming more and more serious, among which the prevalent act of fraud by lawsuit in civil lawsuit is the one. Fraud by lawsuit means the act that the actor has the intention of illegal occupancy, takes the civil lawsuit as a method, conceals the truth of facts or makes up facts, forges evidence, makes the court have a judgment in favor of himself (or herself), and make himself (or herself) or the third party get property or illegal interests on property.The subjective aspect of fraud by lawsuit has the characteristics of"intent"and the intention of illegal occupancy. Its objective constitution has the same nature as that of the common act of fraud. So, under the present legislative framework, it can constitute the fraud crime. But, taking the act of fraud by lawsuit as the common fraud crime is not the comprehensive evaluation on the criminal law because its violated objects are double, differing from the single object which the common fraud crime violates. In fact, the relationship between them is exceptional and general. Therefore, from the perspective of"ought to be", we should establish a crime alone for fraud by lawsuit.Establishing a crime alone for fraud by lawsuit has its necessity and rationality: first, it conforms to the legislative patterns at home and abroad; second, it's also the requirement of the criminal law's basic principles of statutory crime and punishment, the balance between crime and punishment; third, it conforms to the principle of economy of criminal law. On the arrangement in the criminal law's specific system, it should be decided by its violated chief object. On the aspect of concrete contents, it's suitable for using"the crime of fraud by lawsuit"as the crime name, one side, it can reflect the exceptional and general relationship between fraud by lawsuit and common fraud, another side, it's beneficial to keep criminal law's terms in unity and harmony; about the design for the crime facts and statutory punishment, we can consult the related regulations concerning financial fraud crimes in the present criminal law.