The Qualitative Analysis Of The Fraud In Lawsuit

The so-called Fraud in Lawsuit is the behavior that provide false evidence to the court in civil or administrative proceedings to make the wrong referee for the purpose of illegal possession , seriously disturbed the normal order of the trial. The growing social phenomenon not only violated the property rights of citizens, but also seriously disturbed the normal order of the trial, damaged the judicial authority and reputation. However, how to deal with the behavior in theory is controversial. First view said that the fraud in lawsuit can only be identified as innocent under the current criminal law based on the principle of legality, its serious social harm, but it should be criminal penalties in the new charges because of its serious social harm.The second view said that the fraud in lawsuit should be punished as a crime of extortion, because it more like extortion in character. The third view said that the fraud in lawsuit shouldl be deemed as fraud. In this view, although there are differences between the fraud and fraud in lawsuit, but they are essentially the same. In view of the chaos of dealing with fraud in lawsuit in practice, the Supreme People's Procuratorate made a judicial interpretation. However, the judicial interpretation not only does not play a role in resolving disputes but caused a more intense theoretical debate. How to deal with the problem of fraud in lawsuit does not really solve. From the real point of view, the fraud in lawsuit can only be innocent under the current criminal law, because any charge can not punish it. But from the point of view ought to, the fraud in lawsuit has serious social harm, and it must be regulated using the penalty method. The only way to solve the contradiction is creat a new charge named "crime of fraud litigation" in Criminal Law II of Chapter VI of the crime of obstruction of justice.