Judicial Application Of Crime Of Impairing Testimony

Along with the increasing depth of economic exchanges and the growth ofinterests contradictions, litigation has become one of the solutions of disputes arisingtherefrom. What’s more, people are also aware that the litigations depend onevidences, thus acts that hamper litigations start to emerge. To safeguard normaljudicial litigation procedures becomes the most urgent. Crime of impairing testimonyused to be unpopular, but turned to arise more attention when the Supreme People’sProcuratorate launched a reply. In2010it appeared again in the guidance of ZhejiangProvince guiding the criminal case for false action.When studying Criminal Law, this crimemight be a quite good point, for it relates to civil and administrative procedural rulesas well, which is different from other crimes that hamper justice that can only beapplied in the field of criminal litigations. Therefore, it has a bright future inregulating fake litigations in our present legal system. However, as for this crime,scholars tend to discuss its use in the field of criminal litigations, and rarely spendtime in its judicial application in the fields of civil and administrative litigations.Above all, in this essay, I will on one hand introduce the Crime of impairingtestimony, based on scholars’ view, on the other hand try to discuss the crime’s judicialapplication in the fields of civil and administrative litigations on the basis of that inthe criminal litigation field.This paper is divided into three parts:Part Ⅰ: The introduction of Legislative Overview of this crime. Describe the legislative purpose and significance through the process of its production.Part Ⅱ: The discussion of the Crime Legislation of this crime, including theobject, objective aspect, subject, subject aspect. Give my own opinion to the issues indisbute, based on others view.Part Ⅲ: This part is talking about how to identify this crime in judicial practice.Discuss the criminal pattern and the Criminal Quantity. In addition, give my ownopinion of the two case mentioned in the Part I of my essay.