On The Conviction Conception Of False Litigation

False lawsuit in China is becoming more and more frequent, Face to this situation, just relying on the existing criminal law system is not enough to regulate false lawsuit crime, this article have a distinctive incrimination idea of false lawsuit, on the basis of Article 33 of "Criminal Law Amendment(nine)(Draft)“. Totally,This article is divided into four parts.The first part describes the incrimination background of false lawsuit. Firstly, proposing three theory perspectives, in order to define the concept of false lawsuit, and profiling; Secondly, elaborating serious social harm of domestic false lawsuit, come to a conclusion that false lawsuit must be regulated by Criminal Law; Finally, According to the existing documents, especially having a detailed analysis of the Supreme People’s Procuratorate’s "reply", concluded that the relevant provisions of the domestic legal action has been insufficient to curb false lawsuit, so false lawsuit must be regulated by Criminal Law.The second part considers false lawsuit should establish an independent accusation. From two aspects: the first part from a case studying, describes judicial status quo appears "the same kind of cases have different results" phenomenon in practice; Section II describes several major lawsuits theorists, including "Not guilty theory", "To defraud theory", "The crime of obstruction of justice theory", " The crime of extortion theory" and "Separate incriminate theory". After the comparative analysis, come to the final conclusion: false lawsuit should set up an independent accusation; then, on this basis, analysis the three counts of false lawsuit, concluding: false lawsuit should set up an independent accusation.The third part of the article mainly understands and evaluates Article 33 of "Criminal Law Amendment(nine)(Draft)", which is relevant provision relate to false lawsuit, After detailed analysis, laying the groundwork for later.The fourth part elaborates the issues related to false lawsuit’s incrimination. On this basis of the third part, the article constructs false lawsuit’s constituent element, incriminate standards, standards of this crime and other crimes, and sentencing standards.Basing on the research that contains a lot of legal practice and legal theory, this article made a separate legislation incriminating idea of false lawsuits. By this way, hoping this article can be helpful to the theoretical research and false lawsuit’s legislative incrimination in the future.