Litigation Fraud And Criminal Regulation

Had the pleasure of communicating with, High Court Judge in England and Wales, when asked if there is litigation fraud action in the UK, he looked at me unbelievably. How could such a thing happened, absolutely impossible. In China, the lack of credibility has become a major public hazard, commercial fraud, civil fraud increasing spread of the litigation as a means of profit-driven, the use of legal system to legitimate acts conceal illegitimate purposes of litigation fraud was actually growing, and have been spreading. In 1998, scholars have called for regulating the litigation fraud, but more than decades, in our socialist country ruled by law today, the legal regulation of fraud is still limited in the debate between different views. The use of judiciary acts as a criminal tool has not yet risen to the level of criminal law to combat, this fact is the distress and embarrassment of the modern society ruled by law. Based on this, the author leads to the major subject of the dissertation how to regulate litigation fraud action, from such a typical case causing unexpected damage to the victim, the judge and The Court.Firstly, the article illustrates the prominent character of the concept of Litigation Fraud from analysis on several approximate concepts. Litigation Fraud means for an improper purpose, to false statements to conceal the truth, a serious obstruction on justice activities in order. At the same time, to give a classification research about the manifestation of Litigation Fraud from several levels, such as action subject, purposes and measures.Secondly, the content is about the necessity and feasibility of convicted of Litigation Fraud from several views to analyze the serious social damages. There is also an introduction about some references of the litigation fraud regulations from the other countries.Lastly, the main part of this dissertation is a system demonstration on how to regulate Litigation Fraud in Criminal Law. The author holds the opinion about that the action of litigation fraud directly violated the judicial activities while indirectly damaged legal rights of others. Litigation Fraud conviction should be classified to Article 305 the perjury of Criminal law. Punishment for fraudsters can effectively safeguard the credibility of the judicial authority and create a good legal environment.