A Study On The Regulation Of Litigation Fraud By The Criminal Law

Litigation fraud is a behavior that the perpetrator take advantage of JudicialProcedure and falsifies the facts;fictitious evidences to deceive the Court to make afavorable decision for him(or her),and then he or she will get property from the otherparty. The behavior infringe on the Legal Interests of the State Jurisdiction and thePublic and Private Ownership of Property. By the nature of the Legal Interests whichare infringed by the Litigation Fraud, we can see that the social harm of the LitigationFraud is much more serious then the Fraud. But we have sympathy to see that there isno one clause to regulate the Litigation Fraud. Under the existing criminal legislativeenvironment, How to use the criminal law to regulate the Litigation Fraud isbecaming a question. This is also the mind of A Study on the Regulation of LitigationFraud by the Criminal Law.The behavior characteristics discussed them in this article, the author firstconcept of litigation fraud proceedings defraud clear manifestations. Subsequently,the author of the litigation fraud qualitative research in the analysis of the qualitativetheory of litigation fraud, I found that the use of existing theory and criminal lawproceedings fraud regulation and punishment can not be achieved, crime preventionso as to protect the legal interests of the effect, therefore, I reached the conclusion ofthe proceedings to defraud should be set up in the criminal law.After investigation of the theory of guilt on charges, and the legal punishment, Ibelieve that litigation defraud provisions shall be defined as: civil litigation,administrative proceedings and criminal incidental civil plaintiff, for the purpose ofillegal possession, use of fictitious facts, falsifying evidence and other methods todeceive the court, prompting the court made in favor of their own judgment, to obtainthe other party property, a relatively large amount, at three years imprisonment,criminal detention or public surveillance and concurrently or a fine; large amounts, orhave other serious circumstances, three to ten years in prison and fined; amountinvolved is especially huge or other especially serious circumstances, termimprisonment or life imprisonment, a fine or confiscation of property. Followed by the author of the crime established conditions for litigation defraudanalysis, obtained lawsuit defraud identity guilty the behavior trial personnel andproperty, litigation defraud in civil litigation, administrative proceedings, criminalincidental civil action occasions conclusions.And there are several parts in this article:The first part, make sure what is the litigation fraud. This part is the basis of TheStudy on the Regulation of Litigation Fraud by the Criminal Law. The authorintroduced academia existing debate on the concept of litigation fraud, and then putforward the views on the concept of litigation fraud of mine. On this basis, Iexplained the characteristics and manifestations of litigation fraud.The second part, To define the nature of the litigation fraud. The definition of thenature of the litigation fraud is to solve the problem of how to identify under existingcriminal legislation litigation fraud. By introducing of the existing academic debateon the nature of the litigation fraud, the author believes that: firstly, the establishmentof defraud requires that the dupe and the punishment are the same person. But in thelitigation fraud, the dupe (The court or the judge) and the punishment (the victim, theother party) are not the same people. Thus litigation fraud is difficult to set up todefraud. Secondly，in the litigation fraud there is no behavior such as violence,coercion or others to exclude victims’ resistance. So it can not constitute robbery.Thirdly, to use the crime of obstruction of justice regulate litigation fraud, legalinterests of property are not only difficulty be protected. But also only if Theperpetrator prevent a witness from testifying Through the Violence, threats, bribery orany other method, it can establish Obstruction of Witnessing. But the behavior offalsifies the facts and fictitious evidences to deceive the court are not be punished.This shows that the regulation of litigation fraud by the existing criminal law is notenough. It is not conducive to the protection of legal interests which are invaded, andit is also not conducive to punish and prevent the litigation fraud. Therefore, I believethat it is necessary to set up Litigation Defraud in the criminal law.The third part，on the basis of the previous article, I put forward a suggestion ofhow to set up the Litigation Defraud in the criminal law. The suggestion is consist ofthe crime conditions, the name of guilty and legal punishment of Litigation Fraud. And then the author gives a analysis about the establishment of conditions of theLitigation fraud.