On The Judicial Characterization Of Litigation Fraud And Countermeasures

Litigation fraud, the perpetrator is a way ofproceedings (civil or administrative proceedings), through the use of false evidence, prompting the court to make the wrong decision, or determination to undermine the normal activities of the judiciary (ie, the trial court to normal activities), while the to themselves or others to acquire property or property of interest. Such cases in the current judicial practice have repeatedly occurred there have been a number of huge amount of money involved and the social impact of bad cases. Fraud litigation actions not only undermined the normal judicial activities of the judiciary, but also against the state, the collective or the legitimate rights and interests of others. Fraud lawsuits based on a serious social harm, my academic fraud, the nature of the proceedings, regardless of different opinions, mainly innocent, said that fraud, extortion and another to create a new offense that says so. Fraud litigation generated reasons are manifold, from a macro point of view, our people from the ancient fear of the law, the development of effective decision for now to use the courts to seek illegal interests, of which the law reflects the public's awareness of two kinds of extreme. From the microscopic point of view, leading to litigation fraud unique to the production limitations of the existing legal reasons, but also our criminal law on fraud litigation have not been adjusted, resulting in the perpetrator to resort to lawsuits to seek illegal interests, the risk of fraud, the cost is too small,resulting in the the spread of the phenomenon of litigation fraud. This paper attempts to fraud through litigation content, constituent elements, types, causes and its manifestations, based on trial practice, litigation fraud on the qualitative and elaborate countermeasures.