Litigation Fraud Criminal Liability Study

At present, in the course of fast developing socialist market economy, as the mode of relief by public force to solve social contradictions, the lawsuit has been accepted by more and more people, and become symbol of modern civilized society. Especially a lot of civil dissension have been sorted out by the lawsuit, not only promote economic development, but also safeguard social stability. Unfortunately, in the hope of gaining an illegal advantage, a few people use the false lawsuit to defraud others unexpectedly, which not only disrupt the normal order of judicial activity and waste the precious judicial resources, but also violate the property of others. This behavior shows serious harm-to-society and criminal illegality. So, on the base of the achievements before and from discussion the necessity of establishing a crime alone for fraud by lawsuit, also integrated with the theory of crime constitution,crime accomplishment form and joint crimes, the writer makes personal remarks of the criminal responsibility issue about this crime, in order to benefit the legislation and judicial activity.This article totals about thirty thousand words and consists of four parts. In the first part, the article begin with the delimitation of the fraud by lawsuit, it indicates theoretical and practical significance from observe the histories and realities of this behavior. At the same time, the writer makes preliminary analysis on the cause of the appearance and spread of the crime of fraud by lawsuit, then emphatically point out that in the civil procedure reform, restricting the inquiry authority of a court causing the parties to civil suits must perform their burden of proof, but may have certain negative effects of the crime control. So the improvement of the reform security system is both inevitable and necessary.In the second part, the article collect different views and legislative condition at home and abroad, and take the cases of different theories, treatment in practice. In order to elicit the analysis and the evaluation about those theories, and the suggestion about the legislation should establish a new crime of fraud by lawsuit and list it under the crime of disrupting the order of judicature.In the third part, the article discuss the necessity of establishing a crime alone for fraud by lawsuit from the following factors: the legal interest, the abuse of the treatment in practice and the branch of criminal law, in order to continue support the opinion of establish the new accusation. The conclusion is, from the standpoint of legal interest protection, the fraud by lawsuit aggrieves dual legal interest, so the legislation should scale the importance of different legal interests in order to make sure of protect the priority one. From the standpoint of the treatment in practice, the reply from the Supreme People's Procuratorate lies some deficiency which couldn't cover all manners of this crime. From the standpoint of the branch of criminal law, the existing charges of disrupting the order of judicature neglect the action of fabricate evidence by the parties to civil suits themselves. So add the charge of fraud by lawsuit in the crime of disrupting the order of judicature may fill this legal vacuum, and at the mean time, it may obtain theoretic agreement with the existing crime of financial fraud and interference of the accounts settlement.In the fourth part, on the understanding that the new charge of fraud by lawsuit has been established. In order to Straightening out relations within the new establishment and the application of the criminal law which can clearing away obstacles to the intergradations between the new accusation and the existing branch of criminal law, the writer makes some analysis about the criminal responsibility from two aspects. First, it begins with the theory of crime constitution which contains the subject of crime, the object of crime, the subjective aspects of crime and the objective aspects of crime. Second, it begins with the theory of the accomplishment form of crime which contains the situation of the accomplishment of crime, the situation of the preparation for crime, the situation of the attempt of crime, the situation of the discontinuance for crime, joint crimes and types of one crime and plural crimes.