The Analysis Of The Impairing Testifying Case Of Caihua Wan

Litigation fraud has attracted the attention of scholars and the judiciary. Legal policy research office of the supreme people’s procuratorate had been make a reply about how to apply legal on the behavior of defrauding the civil referee for the purpose of ownning property of others by falsifying evidence on September25,2002(hereinafter referred to as " reply "). That’s to say, the reply indicates how to handle litigation fraud in judicial practice. Although the relpy relieves the pressure in judicial practice to some extent, managing the litigation fraud without the "law no express provision is not a crime " situation, it does not exhaustive manifestations of fraud litigation due to the limitations of existing criminal law framework. The reply is still unable to prevent fraud lawsuit breeding and spread completely. In this paper, the case, which the reply doesn’t tell us how to deal with, is one of the typical litigation frauds. In view of this, the regulation of litigation fraud in this paper will be settled from two ways: the reality judicial practice level and the legislation level.In this paper, the hinder to testify case of Caihua Wang as a pointcut, the analysis of trial and sentencing issues in Wan case are elaborated firstly. Then, it reminds the main controversy. After that, the author proposes the solution of each contentious. Secondly, the author puts the main controversy as the entry point for the sake of determining the nature of Wan’s litigation fraud case, conviction and sentencing issues. Finally, the author suggests that litigation fraud should be regulated both in the reality judicial practice level and in the legislation level. For judicial practice, the author agrees the appropriate expansion of the constitutive elements of crime of fraud under the existing legal framework, the use of imaginative joiner of offenses theory and to add the revocation by the third party in the field of criminal proceedings and so on. Due to the perfection for justice theory issues, the author advices that Wan should be determined litigation fraud by independent legislation. This paper aims to initiate proceedings for the regulation of litigation fraud, give law experts, legal practitioners experts and scholars for inspiration and provide an useful theoretical reference for the establishment of an honest, fair and impartial judicial order.