Qualitative Analysis Of The Litigation Fraud

The so-called litigation fraud is a behavior ,for possession others' property illegally, doer use fake evidence filed a civil litigation or administrative litigation to the court, cheating the court's for a wrong judgment and get the victim's property .The case of litigation fraud can be described as endless in judicial practice. As a new behavior in the field of litigation, our current laws don't have a uniform, clearly defined about litigation fraud, which resulted in qualitative disputes and differences on litigation fraud. The reason may be the litigation fraud is not a code language and we can't form a unified understanding about its connotation and extension in theory. So that, the understanding and characterizing of such behavior is differ from man to man. Litigation fraud should be combated as crime is almost the consensus in theory. However, which crime should be combat is a big dispute in theory horizon or pragmatic world. Say of sure say that litigation fraud forms crime of fraud. Negative say that litigation fraud don't form crime of fraud, it forms crime of impairing testifying, crime of blackmail and impose exactions or crime of helping forget evidence. From its definition, litigation fraud is in line with the behavior of the structure of the crime of fraud, set up triangle fraud, under the current law it should be characterized as the crime of fraud. However, as a typical consequential offence, the crime of fraud is completion for the gain of property or real property .If attempted, we can only punished lighter or mitigation according to consequential offence, which will indulge the harmful behavior that infringe the dual object .Based on long-term considerations, we expect to conviction the litigation fraud separately as behavioral offence, while the realization of the purpose of illegal possession and otherwise as a principal of sentencing to be considered.Based on the analysis of the crime of fraud for the special circumstances from real cases, I qualitative the litigation fraud.The article is divided into three parts. The first part introduced three cases, and sums up the legal problems caused by the cases. The second part analyzed the problems caused by the cases in detail, the qualitative different views of litigation fraud at home and abroad have been list, the different views have been commented, and the legal problems caused by the cases have been solved, then come to my conclusion that litigation fraud sets up the crime of fraud. The third part is the qualitative of cases, the court's judgment have been commented and illustrated my opinion to further. At last, I introduced the character of the new charge that called crime of litigation fraud.