Thinking On The Trumped-up Cases Fabricated By Judges And Courts On The Perspective Of Law

Starting from the actual trumped-up cases fabricated by judges and courts, focusing on their behavioral manifestation, type features, and natural attributes, basing on relevant regulations in force and theories on the criminal law, combining with judicatory practice, analyzing and thinking on the actual cases, this paper is going to expose the legislative imitations existing in the criminal actions above mentioned and blind problems in dealing with such cases in judicatory practice so as to seek the way to prevent and propose the countermeasure.In the first chapter, some actual cases exposed by media are selected. After examining their specific presentation, some problems solicited are proposed so as to research deeply.In chapter two, the conduct of trumped-up cases fabricated by judges and courts is examined more specifically, which is helpful to further recognize its harm and research on the relevant problems of the law.In chapter three, this paper analyses the crime and punishment on the conduct of fabricating trumped-up cases on the condition that the judge is not for economic profits. In such cases, the judge's motivation and purpose of fabricating the trumped-up cases are not for unlawful economic profits, or even though the conduct causes such result, the circumstances are slight and inadequate for the profit-taking crime. In fact, such conduct has other subjective intentions, so the crime and punishment should be discussed separately.In chapter four, this paper analyzes the crime and punishment of the conduct of judges and courts fabricating trumped-up cases for the purpose of obtaining unlawful economic profits. In such cases, the subjective intention of the conduct is to obtain unlawful economic profits, or crime of lawsuit fraud. In addition, this paper mainly researches the crime and punishment in relation to the lawsuit fraud. Meanwhile, this paper also analyzes the problem of joint crime and unit crime caused by such kind of cases.The final chapter of the paper is the conclusion. Basing on the summary, this paper proposes countermeasures from three different levels.