The Analysis Of The Issues On The Fraud Litigation And Regulatory Of The Criminal Of Qualitative

The operation of judicial system brings just and fair to people, but it also may be the "tool", which is used by some people with ulterior motives to achieve their illegal intent. The frequent fraudulent litigation cases in recent years have proved it. The fraudulent litigation proceeds by having the aid of "legal" form. Thus, it has strong fraudulence and hiddenness and easily causes erroneous judgment by court. Confronted with increasing fraudulent litigation cases, it is apparent that both the science of law and science of criminal law should pay more attention to how to use law to regulate this serious harmful act. It has already been the common sense in the field of criminal law that the fraudulent litigation act should be regulate according to the criminal law. However, there is dispute in the formation of concrete crime charge. Meanwhile, it is handled differently in judicial practice in different places. Through the analysis of one judicial case, this thesis explores the qualitative description of fraudulent litigation and how to regulate it.This thesis is divided into six parts:Part one:The theoretical dispute caused by a case. This part first elaborates details of the cases:the offender Wang Yan submitted a malicious application, which led to declaration of death of her spouse Yang Guochang, the appellant and made her commit crime of bigamy with others. Then, this part presents the theoretical dispute caused by this case, including points from three sides:defense view by the offender's defense attorney, final opinion by court sentence and other scholars'opinion.Part two:The legal benefits violation (Rechtsgutverletzung) textual research of fraudulent litigation. This part firstly introduces two representative points of the legal benefits violation object of fraudulent litigation existing in the field of criminal law:simple object and complex object. Then, the author presents his doubt to these two representative points. Besides, based on this, the author puts forward that the main violated object of fraudulent litigation is the normal judicial activities in our country.Part three:The subjective attitudes of the fraudulent litigation executors. This part analyses the subjective purposes of the fraudulent litigation executors mainly from will factors and cognition factors.From the analysis, it turns out that the fraudulent litigation actor has intentional subjective attitude towards interfering the national normal judicial activities when he carries out the fraudulent litigation.Part four:The structural features of fraudulent litigation. This part introduces the operating mechanism of fraudulent litigation by analyzing the objective aspects of it, including the fraud problems of fraudulent litigation executors, the error recognition of courts and property delivery and the damages suffered by the victimsPart five:Conclusion. This part firstly analyzes the nature of the offender Wang Yan's act and points out that her act is fraudulent litigation. Then, it continues to elaborate the handling results of this case under the current legal framework, that is, Wang Yan commits the crime of bigamy.Part six:The regulating of fraudulent litigation. This part introduces the theoretical thought caused by the limit of contemporary Criminal Law, which can not regulate and control the behavior of fraudulent litigation. This part firstly presents the dispute of how to regulate fraudulent litigation in the domestic and international theoretical field and their representative opinions. Then, the author compares all these opinions and puts forward his own understanding of the regulating of fraudulent litigation based on this, that is, to set up crime of obstructing justice to regulate fraudulent litigation. At last, the author puts forward the litigation opinions of setting up crime of obstructing justice from three aspects:crime completed form, charges and elements of crime.