The Research Of The Introduction Of False Litigation To The Criminal Law

False litigation refers to the act that both parties of civil litigation, with illegal motivation and purpose, make up facts and forge evidence before malicious collusion to induce the court have a wrong judgment which enable them to acquire illegal interests. In recent years, false litigation, increases sharply in many districts of China. And the contents and types turn to be complex and diversified. This new phenomena has caused great attention both in academic research and judicial practice. False litigation leads to more serious social harm, which has not only undermined the judicial credibility, wasted the valuable judicial resources, but also infringed the rights of other people. There are many reasons on account of the false litigation phenomenon, but the most important factor of them is the lack of effective regulation in our legal system. On one hand, civil sanctions are insufficient to prevent it, and on the other hand, there is no definite accusation in criminal law which is suitable for it, leading to imbalance between the risk and return. Since there is no clear definition in the criminal law, the qualitative about false litigation becomes a problem full of theoretical dispute, causing chaos in the judicial practice, and the same situation is treated with great diversity. Therefore, it is necessary to further study regarding criminal regulations of false litigation, and put forward feasible solution through investigation and demonstration.This paper is divided into five chapters. In the first chapter, the definition, identity, classification of false litigation are introduced. The second chapter elaborates the current situation of the false litigation in China. And in the next chapter, the reasons of why there is so many false litigation are analyzed. In the forth chapter, I highlights the necessity that false litigation should be considered as a kind of crime based on its great social harm. The last chapter firstly analyses some offenses which could be applied to false litigation, suggests establishing a new accusation, puts forward perspective on the elements of crime, and design of provisions, penalty and judicial application.The author hopes that through this writing, we can summarize the existing research results, as well as put forward some feasible suggestions to prevent and punish acts of false litigation so as to unify judicial understanding and scale gradually by the time.