Qualitative Analysis Of Fraud Litigation

Fraud litigation in China has long been, and great acts over the past decade the spread of a similar rise against the trend, the reason for such a situation is controversial because of perspective, without a clear cause criminal law to combat ineffective, so that low cost of litigation fraud law, should the unscrupulous attempts to the contrary, its revenue will be achieved is considerable. Thus, in the legislation is unknown, different law enforcement, the case theories contend appeared a large number of adventurers, the Nuggets, who attempt to drill legal loopholes to satisfy their own desires, which greatly disrupted the legal order and harm the law-abiding citizens legitimate interests, must be severely punished. Fraud litigation now more representative qualitative point of view are: fraud; extortion; forge evidence; prevent the crime to testify; robbery; does not constitute a crime. In a word, and now for the qualitative fraud lawsuit can be divided into two camps, one not guilty, said that the second was guilty, but under the guilt that we should be what's wrong with there specific significant differences. Claims litigation fraud as a crime scholars believe that not enough: action fraud can not be any one of the existing criminal law of the constituent elements of the offense to accommodate, according to law does not the principle of the crime should be recognized that it is not criminal; the advocated actions constitute a crime of fraud scholars believe that: fraud litigation has serious social harm, and serious social harm is to evaluate whether a criminal act and in accordance with the essential characteristics of the crime related to composition, so the action is a crime of fraud. The author is no doubt that the action constitutes a crime of fraud, of which, for the purpose of the usurpation of fraud should be given, not a fraud lawsuit against property-type behavior to identify the means to act according to their nature. This paper will combine practical application of criminal law cases and proceedings fraud theory to explore, demonstrate their point of view, with a view to deepening the understanding of changes in judicial practice qualitatively different departments of the status of litigation fraud.Besides the introduction, this thesis will be divided into three parts. The first part is an overview, this part of the fraud through the practice of litigation cases dealing with the reality of different leads to the question paper to be discussed, and then present a variety of scholars in the presentation of the concept of fraud on the proceedings on the basis of the assessment put forward the definition of fraud litigation, that the action refers to illegal possession of fraud or for other illegal purposes, to the court a false civil, administrative or criminal incidental civil action, the court making the wrong behavior of referees. But also analyzes the characteristics of fraud litigation, manifestations and causes rampant fraud litigation.The second part is the qualitative of fraud litigation, first introduced in this part of the fraud litigation abroad qualitative legislative models, and obtained special provisions that analysis of fraud litigation is a small number of countries, most countries due to fraud or evidence of obstruction of justice involving a broad class of crime is more inclusive than ours, so can the action of fraud as a crime of fraud or obstruction of justice crimes related evidence given at the class. Then I also a comment on domestic practice on litigation and judicial handling of fraud, the relevant provisions of the theorists reviewed the various views, and puts forward the author's point of view: a temporary expedient to property related litigation fraud set fraud, and the rest according to their means of acts set obstruction of witnessing or class counts of forgery, if it does not constitute a crime as above, it will be recognized innocent, but in the long term need to improve the crime of obstruction of justice in criminal legislation.The third part is a judicial determination of fraud litigation, in this part of the Property Related Litigation Fraud can not be robbery, extortion reasons, analysis of the number one crime lawsuits fraud crimes, and the case in which the number of acts in breach of number of charges is implicated, should be at a felony. Finally a lawsuit of fraud to be at the fraud, the results are committed, and its standards should be accomplished in order to deliver their own property when the victim, or when enforcement of property, or the perpetrator absolve themselves of debt by litigation decision takes effect.