Qualitative Analysis Of Fraud Litigation

In recent years there are more and more litigation fraud actions in all types of civilcases by means of litigation malicious encroaching on the property of others behavior.Litigation fraud has become a common social phenomenon, especially in the moreeconomically developed countries and regions, the phenomenon is particularly serious.Litigation fraud, not only damaged the lawful rights and interests of the parties to a case,also destroyed the normal trial order of judicial organs,and also harm the social integrityof the building, corrupt social conduct and the dignity of law.Litigation fraud in the theoretical circle are controversial both at home and abroad,this kind of fraud is included in the criminal law system of regulation, how to regulateand regulation on what kind of charges, which caused the jurists discuss widely. Thisarticle altogether is divided into four parts,in the first part, the author mainly analyzes theconcept of litigation fraud, contrast the concepts of litigation fraud, summarize itscharacteristics, analysis and conclude that the concrete form of expression in litigationfraud behavior in reality combined with the actual cases. The second part of the article isalso a main part of this article, the author has carried on the qualitative analysis oflitigation fraud, compare with the different theories of litigation fraud, evaluate itsreasonable place and limitations, reference the foreign handling of litigation fraud inorder to make references to our country. In the third part the author discusses therelationship between litigation fraud and the fraud triangle with the related theory offraud triangle, support the view that the litigation fraud constitutes crime of fraud, anddraw out the necessity of criminal law regulation of litigation fraud. In the last part of thearticle, the author combines with the former practices of some foreign countries in thispaper and evaluation on the reply to how to apply legal issues on by falsifying evidencediddle civil court judge possession of property of others behavior by the policy researchoffice of the Supreme People’s Procuratorate. At last, the author makes the advice onhandling litigation fraud properly. Such as set the "litigation fraud", strengthen the function of court trial, endow the third party with the rights of supervising, correcting thereferee and so on, in order to curb the litigation fraud from happening effectively.