Discussion On The Litigious Frauds

Litigious frauds are the actions of that actor make use of the false statements, false testimony and fraudulent agreement to cheat the court for unlawful purpose by the artifice of file, which disrupts the normal litigious order of the judicial organ seriously. This phenomenon is more and more, not only violate the public or private property and other civil rights, interrupt the regular adjudicating activities of the tribunal, but also do great harm to the fairness and authority of the judicial apparatus. At an ideal angle, this action should be punished .At a practical angel, it is wrong and partial to ensure the litigious frauds as the crime of fraud (because the crime of fraud just can estimate part of the litigious fraud ), though it has some characters of the crime of fraud . The other litigious frauds which cannot be ascertained only can be leave to legislation. So it is necessary to add the crime of litigious fraud to The Crimes Against Judicial Order of the sixth chapter in the criminal code to put an end to this kind of criminal activities, safeguard the regular adjudicating activities and the title to property or material benefits and other civil rights .In this condition, I wrote these words .This article contains six parts:The first section: preface. In this part, I introduced the actions of litigious frauds, illustrated the meanings of choosing this title and the existing research conditions at home and abroad in addition to the practice of judicial department in our country.The second section: a general overview of the litigious frauds. This chapter is mainly about the basic problem of the litigious frauds, such as user of words, concept the characters and the harmfulness.The third section: the argument about the nature of the litigious frauds. This chapter is about the existing research conditions at home and abroad giving some comments at the same time, and the practice of judicial department in our country. I put forward my own opinion for the first time.The fourth section: the crime of litigious frauds is a scientifically choice for legislation. This chapter is very important. Firstly, I analyzed the difference between the crime of fraud and the litigious frauds, and reached a conclusion that it is wrong to ensure the litigious fraud to the crime of fraud .secondly, I demonstrated my own standpoint from five aspects.The fifth section: conceive of the legislation of the crime of litigious frauds. On the one hand, I gave my own view on how to conduct this behavior in practice, and on the other hand, I demonstrated my viewpoint on the legislation of the crime of litigious frauds, this is the most important of the work. The third part are other questions about litigious frauds .The fourth part are related responsibilities of the conduct: civil responsibility, administrative responsibility, legal responsibility and criminal responsibility .I also illustrated the relationships of them.The last section: tag. It is about the importance of judicial order and judicial authority: providing quality and effective legal service and guarantee for the construction of a Socialist Harmonious Society.