Litigation Fraud Criminal Law Regulation

In this paper, starting from the three cases of judicial practice, The author raisesthe social existence of litigation fraud on different qualitative phenomenon.Theconcept, types of litigation fraud, qualitative disputes, some problems on thequalitative and foreign legislation on litigation fraud were summarized, and the key tosolve the two problems, one is the qualitative problem of litigation fraud, from thecrime constitution, the judicial practice, litigation fraud as the rationality of the crimeof fraud and for difficult to qualitative analysis of several similar behavior oflitigation fraud shall be as a fraud. Which based on the analysis of the actions to bequalitative for the rationality of the crime of fraud, fraud is deceptive and the victimfrom the litigation fraud is not the same person,the victim have to hand over theproperty in the court for compulsory execution, the object of litigation fraud is not inconformity with the object of crime of fraud, and points out that in the\"reply\" of thecriminal litigation fraud is unfavorable to fraud behavior person these four aspects toanalyze the problem of criminal responsibility.Second is to improve the litigationfraud criminal law regulation measures, namely, through the interpretation of article266of the criminal law and the relevant departments as soon as possible on thecorresponding judicial interpretation to give specific provision, hope that throughthese ways to solve the current litigation fraud qualitative differences.