The Series LitigationFraud Qualitative Analysis And Legislative Thinking

With the rapid development of China’s society and economy as well as public awareness of the law, civil lawsuit show clear ascendant trend, litigation form and litigation content are becoming increasingly complex and diverse. Civil litigation as the maintenance of citizens’ legitimate rights and an important means of dispute resolution also more and more get people’s attention and concern. However there are two sides to every things, the law to bring people to justice and efficiency, at the same time,has been used by some people with ulterior motives, and become their seizing illegal interests, means to achieve illegal, litigation fraud is a case in point. Litigation fraud case serious infringement of a lawsuit phase each other or interested party’s legitimate rights and interests, waste was nervous lawsuit resources, but also greatly damage the credibility and judicial authority. Litigation fraud although has great social harm, but in China’s current criminal law framework and the corresponding cannot be found in the terms and conditions of effective adjustment, theoretical circles on the behavior of the qualitative also have bigger dispute, leading to all over the court on the behavior of the processing is also differ in thousands ways, vary widely. This paper, from the judicial practice on several typical cases, this paper analyzes our country criminal law theoretical circles on the litigation fraud dispute qualitative analysis, thus the elaboration additional litigation fraud legislation idea.A text about22816words, is divided into four chapters.The first chapter:Introduce cases and derivative problem. This chapter, through the introduction of the judicial practice series litigation fraud cases, the derivation of litigation fraud qualitative problems and theory rivalry. Of the perpetrator fiction legal fact, forge or alter evidence, using legal procedure, in order to seek improper benefit or achieve some illegal actions for the purpose of should constitute a crime? Whether by punishment punishment? If constitutes a crime, what constitutes a crime-crime of fraud? Racketeering sin? Breach of testimony sin?The second chapter:Litigation fraud review. This chapter firstly introduces the academic circles in China and Japan, Taiwan scholars have different views of the concept of litigation fraud, combining the theory of scholars view to litigation fraud concept are reviewed, and puts forward new understanding. And then it introduces the litigation fraud judicial status and the legislative status quo in the litigation fraud and analyzes briefly the causes.The third chapter:Litigation fraud qualitative analysis. This is the focus of this chapter. This chapter mainly introduces the litigation fraud theory struggle-crime and be not crime, the crime and the struggle and struggle of sin. Based on litigation fraud is the essential characteristics of constitute a crime analysis, and then to litigation fraud is most similar to the analysis of several crimes, and puts forward to litigation fraud qualitative understanding.The fourth chapter:litigation fraud legislation idea. This chapter firstly introduces the necessity of establishment of litigation fraud and feasibility. In this paper, the necessity and feasibility on the basis of additional litigation fraud legislation proposed own idea, and the establishment of the litigation fraud crime, crime and be not crime and the characteristics of the crime of form to analysis.