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A Probe Into The Nature Of Litigation Fraud

Posted on:2011-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZuoFull Text:PDF
GTID:2166360332955301Subject:Law
Abstract/Summary:PDF Full Text Request
There is a controversy about the conception and nature of litigation fraud at home and broad while different theory standpoints must lead to different disposal of litigation fraud in judicial practice. The principle is that the research into it must conclude all types of litigation fraud. Litigation fraud is that the persons make up facts by forging evidence or providing false evidence and etc, or using of an arbitral award, notarization to apply enforcement, which make court get wrong statement (judgment or intercede document) or executive behavior, which result into disturbing directly the normal order of the litigation, infringe upon the lawful rights and interests of private property ownership etc, which has serious social harmfulness and should be included in the category of criminal adjustment. The ownership of public and private property is only the object of litigation fraud which trespass on probably while the main body of litigation fraud is the normal litigation order of people's court, accordingly it should belong to the disrupt judicial sin. But the existing charges of hampering judicial sin does not cover all types of litigation fraud, so the criminal of litigation fraud should being added into the criminal of obstruction of justice to make criminal law to regulate litigation fraud effectively.
Keywords/Search Tags:demarcation of conception of litigation fraud, nature, lawmaking and disposal
PDF Full Text Request
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