Research Into The Crime Of Litigation Fraud

With the development of society and the progress of the rule of law, safeguard the legitimaterights and interests through litigation has become one of the most commonly used and mosteffective choice. But, at the same time, few people will take action to seek illegitimateinterests tool, thus, the act of litigation fraud has occurred. Litigation fraud refers to thebehavior of people for the purpose of illegal possession, in a civil or administrative litigation,or both malicious collusion, or unilateral fictional facts, making false statements, presentfalse evidence to the court, make for their own judgment, destruction of judge GuanZhengchang judicial order serious behavior. It not only violates the procedure relative personor third person’s legitimate rights and interests, destroyed the healthy or orderly developmentof market economy, but also make the judicial authority dameged, waste much more judicialresources, great harm to society. But for the act of litigation fraud should be how toqualitative, whether to need to criminal punishment, and punishment, there is a wide rangeof disputes, the judicial practice departments for litigation fraud is also differ in thousands ofways. This is the author conducts the research to the act of litigation fraud into the problemsof the original sin.This article is divided into four parts: The first part: the basic theory of litigation fraud. Thispart introduces the criminal law theory of our country several major points on the qualitativeanalysis of fraud litigation, and its brief analysis. Through the comparative analysis of thescholars point of view, the author puts forward his own point of view. And according to theconcept of litigation fraud of the characteristic of litigation fraud and classification. Thesecond part: the theoretical basis of the crime of litigation fraud. Views on the part of foreignand our country litigation fraud crime are compared and analyzed, the necessity andfeasibility on the basis of the crime of litigation fraud into personal views. The third part: thelegislation of litigation fraud conviction. This part analyzes the legislation of litigation fraud,get some inspiration, that should be added to a new regulation on charges of fraud in lawsuit,and design a specific act of litigation fraud, equipped with the appropriate legal punishmentfor the crime. The fourth part: the composition and characteristics of litigation fraud crime.This part defines the characteristics of fraud litigation, and issues related to this crime andother crimes, the standard of accomplishment of the crime and so do the supplement.