Judicial Determination Of The Litigation Fraud

As a kind of social phenomenon, crime arises and evolves with the development of society.With the improvement of material life and education mechanism, people's legal consciousness isawakening, more and more people choose to use legal means to safeguard their legitimate rights,interests and solve their dispute. So that the lawsuit become a symbol of modern civilized society.In turn, the disputes can be resolved smoothly through litigation, which is both benefit for socialstability and economic development. However, minority people take false litigation fraudactivities for illegal interest; needless to say, this kind of behavior has destroyed the normal orderof the judicial activity, and wastes valuable judicial resources, and cause infringement to otherproperty rights. What to do about the legal interest invasive behavior, theory and practice has beencontroversial. Therefore, this paper made on the basis of previous research results, through thediscussion of judicial practice and the theory of litigation fraud stand on the different positions,combined with the theory of criminal legal interests to explore the possibility and necessity oflitigation into the mechanism of the criminal regulation. The paper also preset new bold default ofsin and patterns about the lawsuit fraud and other issues, in order to be beneficial to theadvancement of litigation fraud incrimination.The full text is about30,000words, divided into three parts. The first part starting from theconcept,characteristics and type of behavior about litigation fraud. Through the study about thejudicial practice and future litigation types of fraud, combined with the discussion of the academiccommunity to come to a general concept of litigation fraud. The discussion about the type oflegation is to aim the argument. The second part is mainly a bout the domestic and foreign experts'view. And legislative status quo through the list of the different theoretical perspective andpractical approach a critical analysis of different viewpoints, with emphasis on litigation fraudshould be into the reasons of the crime and the drawbacks of the contradictions present theresults, to the text of legislation leads, to the next should be established in the recommendationof the proceedings to defraud. The third part is to propose ideas to additional litigation todefraud and specifically identified in the system attributable to the quantity of crime to explore thesettings of the litigation to defraud from the constitution of crime and related issues that may beencountered in the judicial practice procedures to the shallow comments and suggestions to furthersupport the establishment of a separate lawsuit to defraud view. Conclusion believe the currentlitigation fraud into the sin of the conditions have been ripe, no matter is the angle from the legalinterests protection point of view or penalty system to improve...