Criminal Legislation Research On Litigation Fraud

In China's current social transition, due to reconstruction of the pattern of interests and values of diversity, social conflicts and disputes show multiple posture. At the same time, with the advancement of law progress in our country, people's awareness of the law greatly enhanced, civil litigation has become an important way of resolving disputes.Civil action has played a positive role in resolving the conflicts to safeguard social fairness and justice, a strong promotion of a socialist harmonious society construction. However, in the field of litigation there has been the phenomenon of some abusment of the right to appeal against others'legal rights, litigation fraud is a typical case . In the background of the current financial crisis, litigation fraud cases which significantly spread the gravity of the harm to society is increasingly obvious. Because how to punish the litigation fraud in our country is no clearly defined, the discretion of the court throughout a large range about the same acts of nature, there is a big disparity judicial cognizance. At the same time in our country's penal code theories , there is a big controversy over the qualitative, it is difficult to form a unified point of view. This article starts from the concept and qualitative point of view of litigation fraud, on the base of which it turn to explain the precise definition of litigation fraud, and then explore the ways to control litigation fraud in criminal law. The focus of the thesis is on the comparison and analysis of several legislation path in the future, with the hope of providing suggestion for legislation about litigation fraud.The full text of a total of 24,000 characters is divided into four parts: the concept and characteristics of litigation fraud; controversy over the nature of litigation fraud and comment; the need for additional litigation fraud and feasibility ; addition of the legislation of litigation fraud .First part: The concept and characteristics of litigation fraud. This section first introduces the different viewpoints of the concept of liltigation litigation fraud behavior from Chinese penal code theories fields, and its brief analysis. By comparison of the scholars points of view, the author sum up and analyze the focus of their differences, then puts forward personnal ideas:so called"litigation fraud"is a behavior that someone through way of intimating a civil action, making false statements, prensenting false evidence or colluding witness to present false evidence to induce the court making a judgement on his benfit, for the purpose of achieving improper interest .And this behavior break the order of Court's judicial activities in serious case. According to the concept of liltigation litigation fraud behavior the author summarize the features of litigation fraud.Second part: Controversy about how to determine the nature of litigation fraud and comment. At the beginning, it specifies several main points about how to determine the nature in Chinese penal code theories fields, and then the author mainly use the theory posed by crime to " deceives offens ,said," " racketeers offens, said," "not guilty, said," one by one to make such assessments. In the course of the analysis the author puts forward personal ideas, " litigation fraud is innocence within the framework in the current criminal law , so the criminal law system need to be improved to control litigation fraud."Third part: The need for additional litigation fraud and feasibility. In this part it firstly illustrates that the degree of litigation fraud's harm to society has come to need criminal involvement on the basis of analyzing the litigation fraud case in judicial practice. On the basis, criminal legislation about litigation fraud is rationally looked from the legal review. Then the author introduces several viewpoints about criminal legislation to conduct a feasibility analysis of the path, thus come to a conclusion that the most feasible path is to separate the crime of litigation fraud .Fourth part: Addition of the legislation of fraud litigation. At the beginning it clearly sets forth counts of litigation fraud and the four elements constituting crime, and complements some explanations to issuses about crime to non-crime, original crime to other simiar crime and the identification of multicrime; then it sets a corresponding legal sentence for the crime of litigation fraud according to the legislation principles of configuring legal sentence for the crime. On this basis, the author specifically designs to suit the articles of law of litigation fraud.