In Zhe Fraud To Zhe Qualitative Issues

Along with our country government by law construction advancement and people legal awareness enhancement, the people more choice lawsuits realize the legitimate rights and interests,because the lawsuit result can be able to realize through the court civil rights strength, is precisely this characteristic causes the badman to realize the illegal goal, the implementation lawsuit cheat, depends upon the judicial strength to obtain the illegal benefit. However in the present legal framework, appears to this phenomenon's punishment soft like incapable, simultaneously the theorists debate unceasingly to the lawsuit fraudulent practice's qualitative question, like lawsuit fraudulent practice concept, lawsuit fraudulent practice whether to constitute the crime, if the constitution crime, should decide He Zui and so on, causes to be also few few in view of this behavior related legislation, falls behind seriously the social reality. This article through to a piece of lawsuit cheat case's analysis, conformity various viewpoint, uses the comparison analytic method, methods and so on one divides into two law, divides into the general lawsuit fraudulent practice and the false lawsuit fraudulent practice the lawsuit fraudulent practice, and to two behavior's crimes with the non-crime, how to determine guilt to the false lawsuit behavior and so on questions to propose own view separately. The hope under the senior research results' instruction, makes every effort under the existing legal framework, found a relatively reasonable processing each kind of lawsuit fraudulent practice the way, thus provided beneficial model for the judicial practice.This article mainly contains the following content:The first part: Introduced simply a piece of lawsuit bullies the case.The second part: Elaborated the case's dispute focal point third part simply:The third part :Through to this case disputed the focal point involves the lawsuit cheat's concept, the lawsuit fraudulent practice qualitative carries on the legal principle theory of law analysis, introduced separately the theorists to the lawsuit cheat concept's different viewpoint, the lawsuit fraudulent practice's qualitative difference, then the basis to predecessor's research results' understanding and the analysis, proposed he (approval widespread lawsuit cheat said) to the lawsuit cheat concept's understanding; Simultaneously uses the one divides into two research technique, harms the size according to the lawsuit cheat's behavior characteristic and the society, divides into the general lawsuit cheat and the false lawsuit two broad headings the lawsuit cheat, and to both's crime with the non-crime, how the false lawsuit should determine guilt separately and so on questions to carry on the analysis. Obtains the general lawsuit fraudulent practice to compare the false lawsuit saying that the confidentiality and the fraudulence are small, is seen through easily by the court, is also quite small to the judicial order's impact's dynamics, can be able to solve in the civil proceedings. Should not adjust by the criminal law. The false lawsuit is just opposite, should perform from the criminal activity to appraise highly, the present stage should defer to the Supreme People's Procuratorate law policy laboratory to give Shandong Province the People's Procuratorate laboratory "about To swindle How Court Civil Referee Does hold Other people Belongings Behavior Applicable legislation Question Answer the stipulation through Forge Evidence" to determine guilt the punishment.The fourth part: This part is the full text conclusion, the conclusion minute is also two parts, the first part is to case's narration, the second part is deals to the lawsuit cheat law .