On The Criminal Regulation Of Litigation Fraud

In this essay, I start with the analysis of determination, causes andharm of litigation fraud, foreshadowing that the serious social harm oflitigation fraud has reached the level of criminal protection. And then Ipoint out the deficiencies and limitations in the current rules andregulations of litigation fraud and the ununiformity on the determinationof litigation fraud in the practical judicial and theoretical field focusing onthe regulations and rules of actual law and the concerned opinions of theSupreme People’s Prosecutors’ Office, and then propose the necessity andsignificance of adding a litigation fraud crime. Meanwhile, I make abrief summary on some main legislation moulds abroad from which wecan draw references on the design of punishment fitting the crime oflitigation fraud. On this base, I make a specific conception on adding alitigation fraud crime from the aspects of crime determination, systemattribution of the crime, crime constitution, accomplished offenseconditions and statutory sentence of the crime, arguing the feasibility ofsetting up the crime of litigation fraud. Last but not least, I propose thecriminal rules and regulations on litigation within the current law frame,hoping that it will do some good to the legislation and the judicial practice.