Theory Of Litigation Fraud

In recent years, the lawsuit as a method of malicious conversion behavior widely exists in the current judicial practice, litigation fraud has become a common social phenomenon, the act of litigation fraud not only against the legitimate interests of the relative, destroyed the normal order in the court trial, wasting precious judicial resources, cause a relative of the court’s misunderstanding, reduced the court and the authority of law, at the same time, but also does harm to the construction of social credit, corrupt social values.The act of litigation fraud in the current academic circles and the judicial circles in dispute, concept, many scholars of litigation fraud elements, form of expression, whether it should be quite controversial into criminal law regulation. This paper is divided into five parts, in the first part, this paper reviews the domestic mainstream fraud litigation concept, analyses their similarities and differences between the concept of litigation fraud, find out the basic characteristics of litigation fraud, and fraud litigation concepts are broad and narrow sense of. The second part, this paper on litigation fraud elements were analyzed, and main types of litigation fraud and form is discussed, the real outstanding litigation fraud; the third part, this paper analysis on litigation fraud and similar concepts, find out the same and different points between, provide the basis for an accurate grasp of it fraud litigation; the fourth part, this paper intends to analyze the cause of the fraud litigation in our country, so that the act of litigation fraud can provide solutions to the more accurate, and analyses the harm of fraud in a lawsuit brought on by the judicial practice; the fifth part, based on the act of litigation fraud in practice should be how to prevent the occurrence of, from the source to reduce fraud litigation, as well as from the legislation suggestions to regulate the act of litigation fraud path, such as the establishment of the crime of fraud in a lawsuit, adding litigation fraud of civil liability for tort, strengthen the court trial functions, in order to curb the occurrence of fraud in lawsuit of effective.