Regulation Of The Litigious Fraud In View Of The Criminal Law

Along with the rapid socio-economic development of China in recent years, economic life of the citizens is growing complexity and our awareness get general increasing, the disputes of interests between citizens is showing diversified trend. The number of civil cases got a clear upward trend, thus there is a new social phenomenon of litigious fraud. Litigious fraud are the actions of that actor make use of the false statement, false testimony and fraudulent agreement to cheat the court for unlawful purpose by the artifice of file, which disrupts the normal litigious order of the judicial organ serious. Litigious fraud produces serious social disadvantages, not only disturbs the normal litigious order and undermine the judicial authority, but also damage the property of public and private. Existing criminal law does not make special provision on litigious fraud, leading to the academic circle emerge a lot of different view on qualitative issue of litigious fraud,and the treatment in the judicial department for the handling of litigious fraud is vastly different. Under the situation of litigious fraud growing fastly, it is necessary to the creation of specialized "the crime of litigious fraud" in the existing criminal law, which is conducive to the improvement of our criminal justice system, also according with the principle of a legally prescribed punishment for a specified crime.The paper is divided into three parts on litigious fraud’connotation, denotation, as well as criminal profiling research, at last the author will propose the idea of setting up the crime of the litigious fraud.In the first part,"Issues related to identyfying litigious fraud", the author focuses on the connotation and extension of the litigious fraud. First of all, the connotation of litigation fraud that the definition of the concept were explored and analyzed. I believe that the occurrence of areas of litigation fraud in the criminal law perspective should be limited to civil litigation, acts subjective to the illegal possession of property of others for the purpose of which is of course, reflects the Criminal Law Modesty. Secondly, the author discusses the extension manifestations of litigation fraud litigation fraud in judicial practice, the type of performance is summarized by the true story. This will help the theoretical circles extension of the form of litigation fraud inquiry and identification of the substantive departments of Justice on litigation fraud, but also conducive to the general public on the effective prevention of litigation fraud. Identify issues related to litigation fraud, the qualitative analysis of the below, paving the way.In the second part,"Litigious fraud’academic disputes of criminal qualitative and its evalution", the author will provide overview and analysis of several mainstream view of China’s scholars on the litigious fraud qualitative, the view of not guilty, extortion, the crime of fraud and the addition of a new crime. There are many similarities between litigious fraud and fraud, and the crime of fraud that has been accepted by most scholars, I will defraud that this view is the focus of analysis. Analysis and demonstration, I believe that litigious fraud as criminal fraud under the current legislation is feasible. In the long run, set up a special count of regulation of the litigation fraud will be more conducive to the conviction and sentencing of the unity of all over the court, but also conducive to the improvement and development of China’s criminal justice system.In the third part,"The criminal law’ response of litigious fraud" is the core of this article. First, the author will analyze the necessity of regulation of criminal law on the litigious fraud. Reflect the advantages from the regulation of criminal law on the litigious fraud by the comparison of the regulation from the perspective of civil procedural law. Second, the legislative concept litem fraud litigation fraud counts, criminal constitutes legal punishment configuration, legislative status and law design analysis and presentation. Finally, the author of litigation fraud that may be encountered in the practical application of Justice finds that issues such as accomplished and attempted crime number and an accomplice made his own opinion, and expect to contribute to the judiciary proceedings of fraud identified.