The Compose Of Adding Litigation Fraud In Criminal Law

In recent years, some ulterior motives'litigants bring the false evidence to the people's court and deceive the people court to make the referees against the truth in the judicial practice, to achieve the 'legal' acquisition of their purpose, especially in the civil lawsuit. The public security organs cannot deal with the litigation fraud, without litigation fraud in the criminal law. It is difficult to deal with the litigation fraud for the people's court, because it has no criminal investigation right and limited by the principle of "advantage evidence" and "who claim, who evidence". It is great harm to the judicial authority, to the reputation of the people's court, and to the litigants'property rights by the litigation fraud. The litigation fraud has a larger harmfulness in the society, and it need to be punished and regulation by criminal law. At present, the criminal law has no "litigation fraud", some litigation frauds cannot be convicted by criminal law, and how to make a qualitative judgment and how to be convicted by law about "litigation fraud" has caused differences disposal and argument. It is the main reason that caused civil litigation fraud is lack of credit consciousness, mercenaries. In order to get illegal benefits and benefit maximization, some litigants rebelled against the traditional social morality, break social credit, defiance the state judicial authority. According to the principle of legality, litigation fraud should be added in the criminal law from the legislation purpose. If adding litigation fraud in criminal, the public security organs can really effective fight fraud and safeguarding the lawsuit. The people's court judicial authorities can be real protected by legitimate rights. Analysis and comparison the concept, the characteristic, the reasons of the litigation fraud, we would reveal the essential characteristics of litigation fraud, and social harmfulness. To discuss the legal basis about adding litigation fraud in criminal law, and find out effective measures, the law enforcers would handle it very well. Adding litigation fraud in criminal law is not only conforms to the social adjustment, but also useful to establish the social credit system.