On Litigation Fraud Criminal Regulatory System

With the advancement of law progress in our country, people come to feel more and more conscious that they can solve the dispute depending on legal action. However, at the time of bringing people candor and efficiency, the law is also exploited by some people to realize illegal purposes and a case in point is litigation fraud. Currently, in the course of fulfilling judicial practice, the phenomena of litigation fraud increase day by day, in which quite a few cases result in serious influence on the social stability, and great losses to the victims. Therefore, we cannot fail to highly attach importance to the great social jeopardy caused by it. The judicial department is confronted with the actual predicament that the great jeopardy of the litigation cheats cannot be adjusted effectively according to the valid item of the current penal code in our country. Therefore, in the course of judicatory fulfillment, we can see the approaches of the litigation fraud are widely divergent. The problem of judicial actual situation field equally exists at the penal code theories field. At present, different scholars have different opinions to the orientation of litigation fraud so that it is very difficult to arrive at the same conclusion. The purpose of the paper is to explore the judicial cheats from the standpoint of penal code by means of drawing lessons from the scholars home and abroad in combination with the cases of judicial actual situation in order to find out more reasonable methods for regulating the behavior of litigation fraud on the basis of penal code.The full text of a total of 18,000 characters is divided into three parts: the summary of litigation fraud; the nature of determining litigation fraud; behavioral adjustment of penal code to litigation fraud.PartⅠ: The summary of litigation fraud .Firstly, it introduces the different viewpoints of the concept of litigation litigation fraud behavior from foreign and Chinese penal code theories fields. Then, it puts forward personal ideas at the same time, based on which the understanding of concept to the litigation fraud is elaborated naturally. Fraud litigation is the way to bring a civil action through the use of false evidence to the court made a wrong decision or ruling of the Court normal trial activity due to themselves or others access to property or property interests or to reach other illegal purposes.PartⅡ: The nature of determining litigation fraud .At the beginning, it specifies the cases of litigation fraud in the judicial practice, bringing forth the divergent points and the problem about how to determine the nature. Furthermore, it specifies the conflicts of determining the nature to litigation cheats in the theoretical field. What's more, the author puts forward his suspicion of deceives offense, racketeers offense and robs offense identical with litigation fraud.PartⅢ: Behavioral adjustment of penal code to litigation fraud. In this part, it points out the necessity of the penal code's adjustment to litigation fraud. Thereafter, the author puts forward the adjustment approaches aiming at the litigation fraud which has no currently explicit ruling to carry on penal code rules; Firstly, Adress the different circumstances in the two adjustment methods, the author proposes to process the perpetrator acquitted and on the basis of acts committed by the corresponding count of punishment in view of the reality of fraud litigation .Secondly, because the increasingly rampant acts of reunification is not an effective legal system ,the author proposes to regulate the situation through legislation in the future to adjust the two channels through legislation, one of which is proposed to introduce this new offence of fraud litigation charges, and the other is proposed to amend the existing Penal Code section 307 of the first paragraph on the basis of the proceedings into Prejudice Testify Fraud Crimes.