Criminal Regulation Of Litigation Fraud

With the proposal of running state affairs according to law, as well as the increasing promotion towards ruling by law, the citizens'legal consciousness reinforce continuously, more and more citizens begin to use laws and legislations as their weapons to defend their own lawful rights and interests. Meanwhile, however, some lawbreakers take the advantages of the weakness in our laws and the procedural regime for their illegal purpose. Therefore, a new negative phenomenon named as litigation fraud aroused.In real life, litigation fraud conducts present variously. At present, there is no unified definition between domestic academics and juridical practice. However, there are several common points. Absolutely, litigation fraud conducts do not only invade legal benefits of the citizens, but also disturb the normal order of litigation of the state judicial organizations. Such illegal conducts even damage the authority as well as the dignity of law. Their severe social harmfulness have exceeded the range adjusted by law of civil procedure, therefore, they should be regulated by criminal law.Presently, relative regulations only exist in civil procedure law, however, because of their low penalty, the conducts could not be restrained effectively. There is no clarify regulation or concrete accusation in current criminal law matching litigation fraud perfectly, so the punishment towards the fraud varies between different judicial practicing departments. As the definition of litigation fraud conducts itself is still being studied, there is no unified viewpoint among the scholars.The purpose of my article is to define the concept of litigation fraud conducts, to make clear its nature and to make my own suggestion on legislative improvement. There are five parts here.Part one, introduction. This part shows the fact of lack in researches by domestic academics and juridical practice on the base of a brief illustration on litigation fraud predominance. It also clarifies the background, significance and the way of researching of the article. Part two, chapter one. Definition on litigation fraud conducts.This part mainly discusses the intension and the extension of the concept on litigation fraud conducts. Firstly, I analysis, then pick out the common points and the different ones among the viewpoints, after the introduction of the definitions made by various domestic academics. Subsequently, I make a great deal of case studies towards different points in order to have an abstract conclusion on such conducts.Part three, chapter two. Qualitative analysis on litigation fraud conducts. This part briefly introduces four viewpoints and their reasons held by domestic scholars towards litigation fraud conducts. Then I make review in details and point out some weak points in the all viewpoints. Finally, suggest my viewpoint based on the necessity of regulated by criminal law and the practicability of single accused. I suggest that the crime of litigation fraud should be fixed as a new crime. It may be add to The Crimes of Impairing The Administration Of Justice, section 2, chapterⅥin Criminal Code Special Provisions.Part four, chapter three. Legislative ideas on litigation fraud conduct. In order to fix litigation fraud as a new crime, this part should be designed with the following aspects, such as accusation, legal penalty and statutes of this crime. It also discusses how to decide whether an action commits the crime of litigation fraud or not, according to the components of a crime, the distinction of guilty from innocent and the division of this crime to another.Part five, the last chapter, conclusion. This part makes a conclusion to the whole article, clarifies the practical significance of regulated litigation fraud conducts by criminal law and the legislative ways for such conducts.