The Criminal Regulation On The Collusive Lawsuit To Infringe Spouse’s Property

With the gradual development of rule of law in China, the legal awareness of citizens is improved.This ongoing phenomenon has caused another legal issue---collusive lawsuit. The collusive action to infringe spouse’s property is one of its typical issue, which usually includes one of the spouse conspired with a third party to make up common debts through false evidence, then the third party goes before the court to sue against the spouse. By splitting the common property through verdict, the potential part of the communal estate will diminish or forfeit. In addition, one of the spouse infringes the common property through coerce before lawsuit. This behavior demonstrates specialty in ways of conduct, purposes of conduct, subject, object, social harm and characteristics of legal procedure. This paper systematically concludes five different types of collusive lawsuit to infringe spouse’s property according to these specialties. This paper focuses on whether one of the spouses has already known the conspiracy with the third party or not. If one of the spouses knew the conspiracy, there is no possibility of fraud; his or her action infringes property right, so this action is blackmail. If one of the spouses did not know the conspiracy, this action is definite a crime of fraud. In addition, this paper talks about the amount of crime, completed and aborted crime that affect the formation of this crime. Also, the recognition of principal and accessory is discussed.