Qualitative Research On Litigation Fraud

Relying on legal means to resolve disputes is one of the main signs of the ruleof law, with the process of rule of law in China to push forward, various lawsuit casesshowed a linear upward trend, indicating that the citizen’s rights consciousness inunceasing enhancement, the legal sense of identity on the increase. However, theconcern is, in recent years in the field of civil litigation is a kind of strangephenomenon is emerging, which is now called "litigation fraud", its essence is thename of some people under the guise of litigation fraud. Litigation fraud not onlyencroaches upon public or private property, but also violated the normal order of courtproceedings, in view of its objective existence and serious social harm, the correctqualitative is particularly important. In many studies of litigation fraud abroad belongto civil law of Germany, Japan, the theory of criminal law, more consistent point ofview, scholars generally believe that the litigation fraud is "a special form of fraudtriangle". In China’s criminal law theory of criminal law, there are a variety of viewson qualitative theory of litigation fraud, opinions cannot be unified, propositionsconstitute fraud majority. Further research on litigation fraud and make accuratequalitative, can effectively prevent the occurrence of such crime, better protection ofthe legitimate rights of citizens, safeguard the normal order of proceedings and courtverdict justice. Research in home and abroad, combined with the specificcircumstances of the judicial practice of the comparison, analysis, investigation,argumentation, advocate for traditional fraud behavior to follow the pace of the timesof the interpretation, that constitute fraud lawsuit in compliance with the fraud crime,should deal with crime of fraud.