The Judicial Qualitative Study Of The Fraud In Lawsuit

Along with the rapid socio-economic development, public awareness of the law has also increased rapidly, and an important sign is the large number of cases increased. However, with the quantity and form of litigation growing , the number of the fraud in lawsuit cases has caused great attention. Since there is no clear define in the "Criminal Law" qualitative about the fraud in lawsuit, this study of the issue has important practical significance. Refers to the so-called fraud in lawsuit perpetrators to escape debt, access to the property of others illegally , or for revenge defame the reputation of the others and so on. Through the acting, they can achieve their illegal purpose.This paper is divided into four chapters, and put forward my perspective .In the first chapter, "the concept of fraud in lawsuit and characteristics," the author focuses on the concept of fraud in lawsuit and identity, the readers can have a relatively understanding of the concept of fraud in lawsuit, in order to lay the foundation for qualitative analysis.In the second chapter, " the judicial qualitative controversy of the fraud in lawsuit ", introduce the proceedings of the issue and an analysis of the controversy from the two aspects of the domestic and the foreign ,and adopt some specific cases to illustrate the current judicial practice in the handling of this issue widely divergent, it highlights the practical significance of the solutions to this problem.Chapter III focus on the main viewpoints of our scholar's. As fraud in lawsuit and fraud have many similarities, and there are many renowned scholars also endorsed the fraud in lawsuit as fraud, therefore, I think this part is a key part .In the perspective of the present analysis shows that in the current criminal justice system, it should be located on separate crimes conclusions.Chapter IV will detail the proceedings for acts of intentional fraud trial activities hinder the legislation of the crime. The author of the first acts of fraud litigation for a separate crime of the necessity of proof, then analyzed the reason that do not choose "legal fraud," but" the crimes of impeding the trial activities deliberately ". Impeding crimes trial activities deliberately should be classified crime separately.In order to study the crime of impeding the trial activities deliberately, the author also analyzed the contacts and differences between them.