The Crime Of False Evidence

The crime of false evidence is a crime with a long history. It all has a serious harm to the national normal judicature order and litigant's personal rights, therefore regardless of domestic or overseas, the ruling class all has carried on the strict stipulation to it. But, it is different regarding the crime in domestic and foreign, and also different in the identical country during different historical periods. This has evoked people's unceasing discussion, even hotly in recent years. This article also joins the discussion, hoped through the comparison and the analysis, causing the stipulation and assurance of the crime more scientific.It is very significant to maintain the country normal judicature order and protect the litigant legitimate rights and interests .This article altogether is divided four chapters.First chapter discussed the basis and principle of the false evidence behavior crime. The false evidence behavior violated the relative freedom of will to violate the criminal law anticipation possibility, Therefore the first basis of the crime of the false evidence behavior possibly given by the criminal law is the philosophy basis: Violates the relative freedom of will; The second basis of the crime of the false evidence behavior is ethics basis: The forged evidence behavior has violated the basic ethics standard of honest credit; The third basis of the crime of the false evidence behavior is the basis of the legal principle theory of law: The forged evidence behavior violated the legal duty of testified honestly. But it is not all forged evidence behavior given the crime, only a few serious forged evidence behavior possibly appraised by the criminal law, therefore must grasp the two crime principles: supplemental principle of Criminal law and efficient principle of criminal law.Second chapter has analyzed the crime constitution of our country, mainly including the objective important document, the main body important document and the subjective important document. Objective aspect: The space of the crime; the content and way of the behavior; the object of the behavior. Main body important document: including witness, expert, record person and translation person. Subjective aspect: directly intentionally and having the crime goal.Third chapter has analyzed the boundary of crime and the non-crime of the crime in our country, the similarities and differences between perjury charge with falsely accusing frames the crime, the harbor crime, the lawyer, the legal representative destroying the evidence, the forge evidence, the hindrance testifying the crime, the help deconstruction, the forge evidence crime, the hindrance testifying the crime.Fourth chapter analyzed the limit of legislation about the crime in our country and proposed consummated suggestions. Main body aspect: Remove the record person outside the main body; The close relative perjuries to be possible to exempt the responsibility. Subjective important document: Cancel the stipulation of the crime goal .Objective important document: Eestablish the system of witness to take an oath.