Litigation Fraud Legal Problems Analysis

In recent years, in many parts of the country, have occurred in the case of litigation fraud. To have occurred in the Qingdao area of two typical case, should cause people think over. In civil litigation judicial practice, individual parties in order to get the illegal economic interests to fiction civil legal relation or forge facts as the means, to people court to lodge a civil lawsuit, diddle court to make a wrong judgment or ruling, with the aid of the court’s authority to achieve the purpose of illegal possession of public or private property. Litigation fraud has obvious characteristics, form varied, but because in our country criminal law the absence of corresponding provisions, make this kind of behavior is difficult to get due sanctions. Litigation fraud and crime of fraud, breach of official crime and racketeering sin and other related charges the distinction that having essence. Litigation fraud to the people’s court’s judicial authority and reputation and the property rights are caused great harm, in view of its great social harmfulness, from the view of legislation, according to the principle of legality, in the criminal law should be additional litigation fraud. Litigation fraud crime composition, the object of crime are complicated, which not only violated the state judicial organs of justice and judicial authority normal activities, and infringe upon the public or private property ownership; Crime objective aspects is behavior person forged or altered evidence, fictional facts or civil legal relationship, the court to make a wrong judgment or ruling, if the circumstances are serious behavior; Crime subjective aspect is intentionally. The main body of the crime for litigant participant, mainly is the plaintiff and the defendant or the third person or to carry out case of the applicant, the applicant. Litigation fraud criminal responsibility should consult "nuisance judicial sin" of the relevant provisions on charges.