Criminal Law Of The Litigation Fraud

Litigation is very important to a legal means to resolve everyday disputes, but someactors thought drive by self-interest, improper exercise of their rights, by action of this legalform, to seek illegal interests. This is the article to discuss litigation fraud, specifically,litigation fraud refers to acts of man-made cheat a favorable judgment of the court to make toachieve the unlawful purpose, in civil litigation, administrative proceedings or arbitrationproceedings, to take the fictional facts, concealing truth, forged evidence to undermine thejudiciary normal judicial activities, defrauding the public or private property or propertyinterests, the circumstances are serious.Violation of the legitimate rights and interests of the parties to the litigation fraud hasdamaged the country’s judicial authority, is a serious danger to society and should be thepunishment of criminal law. However, because the litigation fraud has not yet made specificprovisions in the Penal Code, the behavior of such a serious danger to society, the criminallaw can not be effective regulatory system, leading to more and more cases of fraud litigation.In response to this phenomenon, China’s theoretical circles have made a lot of research, butCriminal law theoretical circles litigation fraud crime and crime, this crime and he sin thereare large differences. In judicial practice, due to the lack of criminal law, the District Courttreated this behavior is also the practice varies. Therefore, a case based on the merits of thecase, combined with domestic scholars view the concept of litigation fraud characteristics ofcrime or, to discuss the crime and he sin, in order to find a reasonable,The way to solve thisproblem effectively. The full text is divided into five parts. The fourth of five parts is thefocus of this article.The first part introduces the cause of action. This article is based on the analysis oflitigation fraud Dumou defraud case basis.The second part is to present their case. Case is the reason in this case were described indetail, and then stealing the defendant Dumou will to return Gemou back, and then use tosteal back the filed a civil action, with intent to deceive the court made in favor of theirjudgments, which occupies the victim Gemou the property. The third part is the focus of the case. The Procuratorate Dumou behavior prosecutionfor fraud, crime or fraud Dumou litigation, this sin and crime is the focus of the case. Theprosecution and the defense of the judge, the focus of controversy around the case of thedebate and put forward their own point of view.The fourth part is the analysis and discussion. Is the focus of this article, the crime oraround the lawsuit of fraud, this crime and he sin problem in an academic analysis anddiscussion. Mainly includes three aspects, the first aspect of the theoretical differences of thelawsuit of fraud, fraud lawsuits in the big gap exists between theory and judicial practice, thearticle summarized and presentation of these theoretical differences. The second aspect is theform of the concept of features and performance of litigation fraud and summarized in orderto facilitate a better understanding of the nature of the litigation fraud. The third aspect of thecrime or fraud litigation, analysis and comments on this crime and he crime point of view ofscholars.The fifth part is the conclusions and recommendations. The author, based on the theoryof litigation related to fraud, crime or the case Dumou behavior, this sin and He is the crimeproblem to a conclusion statements. fraud in the legislative point of view, drawn on the basisof the analysis of the entire case from the Court’s powers, judicial supervision, and tostrengthen moral education to make recommendations to the judicial practice in how to do agood job of fraud prevention and control of litigation.