The Cognizance And Punishment On The Crime Of Litigation Fraud

With the continuous development of the market economy in our country and the improving socialist legal system, the law has become increasingly popular as the weapon to protect people’s legitimate rights and interests. However, some social subjects have begun to take advantage of the loopholes in the substantive law and the procedural law for their own illegitimate benefits, and this behavior has presented itself as a new type of fraud-litigation fraud. The diversity of its forms and the disagreed theoretical definition has caused various views about the meaning, the nature and the countermeasures about litigation fraud. Nonetheless, there is consensus about the characteristics:The perpetrator deceives the judicial authority to make a false verdict through fraud litigation to realize the purpose of illegal possession. From the perspective of social reality, litigation fraud doesn’t only infringe people’s lawful property and property rights, but also damages the trial order, moreover, compromises the credibility and dignity of the law. From the perspective of legal regulation, litigation fraud is of serious social harmfulness, which is beyond the range of the civil procedural law but criminally punitive.In terms of the regulation of litigation fraud, the current lagging criminal law system has to give the floor to the civil system, yet the softness of the civil punishment cannot effectively curb the unlawful act. Despite the clear recognition of its hazardless in the criminal law society, no explicit provisions about the regulation of litigation fraud can be found and the "response" from the Supreme Peoples’Procuratorate can not solve all the problems once and for all, consequently, there are different handing measures adopted by the judicial authority which, to certain degree, impairs the integration of the national legal system. Generally speaking, a clear theoretical definition of litigation fraud will be conducive to its criminal regulation in our country.The author of the thesis had addressed two issues:the definition of litigation fraud and the criminal identification in four parts, and proposed ideas about its regulation. Part one is about the identification of litigation fraud from judicial practice. After introducing the phenomena of litigation fraud, the author has presented the recognition of the theoretical society and judicial authorities about litigation fraud in our country as well as the definition about that in foreign criminal law theories. Part two is about the discussion on the nature of litigation fraud. The author has raised his own view about the nature after analyzing legal regulations and theoretical controversies both at home and abroad. Part three is about legislative ideas, meaning the elements comprising litigation fraud and verdict criteria. Part four is about other explanations: distinguishment of the crime on litigation fraud,including noncrime, this crime or that crime, the suspended state of litigation fraud and etc.