Research On The Criminal Qualitative Of Litigation Fraud

With further process of Socialist nomocracy, litigation fraud has occurredincreasingly in people’s lives, which is an important tool for social stability andharmony. However, the fact that fraud which utilizing litigation are becoming morewith rising amount of crime.It has been a serious threat to the citizens of property.People attempt to use the means of "litigation" for crime which disturbed the normallegal order and violated the legal authority. It also influenced the impartiality of thejudiciary. As for the criminal qualitative of litigation fraud, there has not a unified ofconclusions. Scholars maintain their own opinions that includes fraud crime theory,extortion crime theory, prejudice justice crime theory and so on. In judicialpractice,judes often treat the litigation fraud as sinless, crime of swindle orobstruction of witnessing. This article is designed to start with the featuresof litigation fraud itself and combine with practice in the case. After that I analyzedthe relevant legislation between nations and the various theories.Then I proceeded thecriminal qualitative of litigation fraud in my opinion. I hope that this paper will bebenefit to the legislation and judicial practice. There is about23000words of the fulltext, including the footnotes of1300words. Apart from the introduction of this article,the author used four parts to complete this article:Introduction: Briefly described the current state of litigation fraud, indicating thedanger of litigation fraud from two cases and noted that the confusion characterizations of litigation fraud lead to many problems. This part also shows thatthis thesis research is meaningful.Part Ⅰ: The meaning of the Litigation Fraud. Author summed the different viewsof the definition of the litigation fraud, analyzed the difference and started from theconcept of litigation fraud disputes. At last, author put out her own views on theconcept of litigation fraud.Part Ⅱ: The review of the current legislation and theories of litigation fraud. Itbegan with the research on the basis of existing legal norms, cited different theories ofscholars which concluded innocent theory, crime of swindling theory, crime ofextortion theory and crime of obstruction of justice theory.Part Ⅲ: The Argumentation that litigation fraud should be new offense. This partis an important element of this article. To make this point of view,the authordemonstrated from the following aspects: first, demonstration actions of crime offraud; second, comparison of litigation fraud and crime of swindling, analyze thefocus of this discussion; third, analysis of the difference between litigation fraud andcrime of obstruction of justice. Otherwise the author commented on the contents ofthe reply of the Supreme People’s Procuratorate”reply”. Finally concluded that thelitigation fraud should be another new offense.Part Ⅳ: Related issues in the litigation fraud legislative path. With theconclusions of the previous text, considering that problems may occur in thelegislative process of litigation fraud, the author studied on the patterns of crime, sumof crime and so on in order to study further.