Determine The Character Of Fraudulent Activities In Litigation

Summary: The fraudulent activities in litigation can gravely imperil the society, it can be punished as the criminal offences, which is a mutual consensus agreed by theorists and practicers. But in our country both the theorists in criminal law and the practicers in judicial haven't form an unified concept to understand the fraudulent activities in litigation, and both of them are divided in their opinions on determine the character of it.This article differentiated and analysed the concept of some popular fraudulent activities in litigation on the domestic, summarized four legal characteristics to the typical fraudulent activities in litigation, compared the general definition of fraudulent activities in litigation and the narrow definition of fraudulent activities in litigation, and tried to analyse how to determine the character of fraudulent activities in litigation from the narrow definition.According to the narrow definition of fraudulent activities in litigation, the first is to expound two standpoint of the crime and non-crime of fraudulent activities in litigation. And based on fraudulent activities in litigation is a kind of crime , the article expatiated some different qualitative concept of fraudulent activities in litigation on domestic such as: crime of fraud, crime of extortion, forgery , crime of counterfeit the seal of company or enterprise or institution or people's organizations, crime of against to testifies and so on.In order to determine the character of fraudulent activities in litigation realizingly, the article focus on three concernful questions: first, take "cheat" as the method, shall we litigate fraud or swindle? Second, do the narrow definition of fraudulent activities in litigation infringes the single object or the dual object? Third, do the fraudulent activities in litigation conforms to the special modality of fraud, namely triangular fraud.By lucubrate the concerned problem, the author think, under the present legal frame, according to the theoretical principles of constitutive elements of a crime and in conformance with crime and punishment, it is not a suitably principle for litigate the fraudulent activities in litigation as crime of fraud, crime of extortion, forgery , crime of counterfeit the seal of company or enterprise or institution or people's organizations, crime of against to testifies.By means of which analysis from above, from theoretically way,it's a quite different understanding in analyse concept and Determine character to the fraudulent activities in litigation. Which made confusion in judicial practice, go against to use law in uniform and accurately way. For litigate the fraudulent activities in litigation, criminate and punish it as crime of fraud, crime of extortion and so on is become a avoidless problem and cries for solution, the author think, in real life, the extent of harm of fraudulent activities in litigation quite overrun the acceptance of the society, legislature certainly should lawmaking for it, according to the in conformance with crime and punishment, its better to establish crime of fraudulent activities in litigation than use omnifarious method to punish it.Depend on the experience which learned from the overseas and unifies our actual national condition, the author made a special expatiation for the characteristic such as constitution of fraudulent activities in litigation and objective aspect of fraudulent activities in litigation, the subjective aspect of fraudulent activities in litigation, and has made the preliminary discrimination in differentiate boundary and the to research into the standard of crime and non-crime in nomology.