Analysis On Yue Feng Malicious Lawsuits By Criminal Law

Yue Feng malicious prosecution case is controversial and typical case. May2,2010Hua Tai oil Co., LTD, the legal representative Zheng Ming borrowed2.5million Yuan from general manager Yue Feng and wrote down IOU. On13and15, Zheng Ming returned cost and interest to Yue Feng, but no claimed back IOU. On August20, in the same year, Yue Feng sue to the court and required Zheng Ming replay the loan and the interest, and the won the lawsuit. But then Zheng Ming found strong evidence, and thought Yue Feng have fraud, and report to the public security organ. The people’s court of Pu Tuo district thought Yue Feng was found guilty of fraud.Yue Feng malicious prosecution case in society has caused wide public debate and influence. This paper points three chapters. The first chapter, simple introduced the case and the referee conclusion that Yue Feng constitute of fraud. The second chapter mainly introduces the dispute and the analysis of the disputed. The disputes roughly have three kinds:One, thinks Yue Feng innocent, mainly from the principle of legal punishment to explain. Two, think Yue Feng think Yue Feng malicious lawsuits is a special kind of extortion. Three, think Yue Feng constitute of fraud. There are three different points of view, a think Yue Feng constitute a common of fraud. Another think Yue Feng constitute the crime of fraud of the triangle. Still have a kind of indirect theory suggested using Yue Feng constitutes of fraud. Each dispute has its shortage; the second chapter will be presented in this paper. In the third chapter, this case caused law thinking and ideas. Through this case, the author classification and summarizes the characteristics of the malicious prosecution, and further use the principle of a legally prescribed punishment for malicious prosecution case analysis. I make a general survey of the other country for malicious prosecution case viewpoint and methods. Finally the author proposed expanding the idea of perjury in order to better contain such cases of rapid growth momentum.