Case Analysis And Legal Thought Of Litigation Fraud

Nowadays, with the economic disputes and litigations increasingly complex and diverse, litigation fraud becomes more and more serious. The fraudulent activities in litigation have serious social harmfulness; it not only hinders the normal order of judicial, destroys the judicial authority and the dignity of law, but also disrupts social and economic order, endangers the economic transactions. The Chinese criminal law makes no definite provision for fraud in lawsuit; there are many different kinds of viewpoints about the concept and how to determine it in theoretical circle, which makes judicial practice appears considerably confused.In this paper, author chooses one of the biggest typical cases in Beijing as an example. Through the empirical analysis of this case, it has analysis the constitutive elements, characteristic and the practical behavior of the fraud. Then it emphasizes on the analysis of how to determine the character of fraudulent activities in litigation, to expect giving some points and suggestions on crime of fraud in lawsuit.There are four parts in this paper. The first part describes the case. Through the case raises the questions about the litigation fraud. The second part focuses on the concept, constitutions, characteristic and forms of litigation fraud, make the definition in the eye of law. The third part analysis how to determine the character of fraudulent activities in litigation, distinguish crime from nonprime, contrast the similar activities and analysis the typical case. The fourth part gives some own points and suggestions, also it tells us how to guard against the fraudulent activities in litigation.In this essay, the main emphasis of our research is the concept and the character of the fraud in lawsuit. By selecting some typical viewpoint which is widespread at home and abroad, this paper analysis the special constitutive elements of crime and other controversial issues, hoping to provide some valuable references for perfecting the legislation of the fraud phenomenon and guiding the judicial practice.