Study On Countermeasures Of Litigation Fraud

In recent years, constantly improve the socialist market economy in our country,various constantly improve the mechanism of the market economy, but at the same timethe disputes in the economic life is on the rise. Traditional way of solving the problemsis inadequate to deal with various disputes in the modern soc iety, more and more peopleuse the law as one of the important ways to resolve the dispute, so law become theimportant part of people’s life, and to enhance the legal consciousness of people, theidea of rule of law constantly popular. But in the last several years, constantly appeardamage phenomenon of the authority of law, litigation fraud more and more, in sociallife caused a bad influence. Litigation fraud harmfulness is great, not only seriouslyviolated the rights of others, but also destroyed the normal operation of the judicialorgan litigation order, make the law becomes a tool to illegal behavior person seekillegal interests, greatly harm the dignity of law. But our country criminal law’s handlingof litigation fraud did not make clear a regulation, so led to the real life of the court indealing with similar cases around the results has a big difference. Because our countrycriminal legislation on no specific regulation for corresponding litigation fraud, make alot of people by means of the law blank, more blatant litigation fraud, so the litigationfraud intensified in recent years. This phenomenon is gradually cause the attention ofChinese scholars for the litigation fraud, begin the study of relevant theory. Scholars onthe concept of litigation fraud, from their own perspective, this paper expounds theconcept of litigation fraud, scholars have explained the reasons to support their view,independent, unable to reach a unified point of view, so the concept of litigation fraud ishow to determine, there is still a controversial, and accurate definition of the concept oflitigation fraud but also expand its discussion and research on the basis andprerequisite..Earlier attention to the lawsuit of fraud is as represented by Germany and Japancivil law criminal law scholar. Litigation fraud acts in my quite long of a times in rarelywas discussion litigation fraud problem, more not said on litigation fraud of deep ofdiscusses has, just in recent years to as litigation fraud acts of increasingly increased,only gradually caused experts said they and justice organ of attention, but what howprocessing litigation fraud, how qualitative litigation fraud acts and how to effective ofon this acts for regulation in my of experts said they full has disp ute, these problem became experts said they research of focus, Judicial practice has become a challenge,judicial practice in dealing with widely varying results, very confusing this is the law offraud did not specify the results of the proceedings.Some courts in judicial practice is strictly following the principles of law nospecific provision no crime addressed as not guilty, some Court considered outside thescope of regulation of fraud, according to the fraud conviction penalties; some courtsconsider to be areas of obstruction of Justice, just to deal with the crime of perjury, andso on. Unique character of litigation fraud and its form also indicates that the action isdifferent from fraud and other crimes, cannot be subsumed by other criminal, thereforeit is necessary to separate crimes of fraud proceedings, which for the accuratecharacterization of litigation fraud, clarify its position in criminal law, is of greatsignificance. Only when the law explicitly provides for action on fraud, this behaviorcan be processed, to avoid judicial practices in the crimes with different results appear,to uphold the unity and authority of the law, to give full play to function of the judicialsafeguard social fairness and justice. Intensified action fraud still need some of the otherresponses, together constitute the integrated control system of litigation fraud in order toprevent and reduce the incidence of litigation fraud.