Considerations Of Litigation Fraud In Criminal Law

The litigation fraud is not a technical term in law, but a theoretical summary of a series of unlawful ways of cheating others by means of lawsuit, such as to create false evidence, make sham statement, and instigate others to commit perjury and so on. It is not only a way of cheating but infringement of the lawful rights and interests of others, disruption of the usual litigation order, a waste of judicial resources and destruction of judicial authority and credibility, causing serious damage to society. That’s why it is basically agreed that such actions should be punished, but it is still to be decided how to take action. The majority suggest it be based on fraud in terms of property violation, but some think it should be punished based on extortion, crime of robbery or a new crime to be described. As a result of the difference between theory and action, the same lawsuit leads to different punishment in practice, thus to damage the judicial fairness and unity. Therefore, it is necessary to discuss about the property of such litigation fraud and that’s why the writer decides to choose the subject.This essay includes six parts except the preface and 37710 words in all.Part 1: clarification and division of the definition and type of the litigation fraud. By analyzing several representative points of view, the writer defines the term of litigation fraud as follows, that is, to do harm to other people’s properties by means of lawsuit. Based on this, the writer defines and discusses the type of litigation fraud from different angles on whether both parties have malicious collusion, take certain ways of action or find out sources of evidence for the lawsuit, which lays foundation for the essay below.Part 2: analysis of the laws of the litigation fraud in foreign countries and specific judicial choices in our countries. The above crime is taken as an individual one or fraud or the related crime of evidences. These three foreign cases represent to certain degree our present judicial actions against such crimes and supply us with available experience to standardize the ways of our practice. The purpose of analyzing our choices is to emphasize the lack of correspondent ways of practice in law and the differences in making judicial decisions.Part 3: specific analysis of the nature of the litigation fraud based on occupying other people’s possessions by fraud. Owing to the fact that both parties conspire to occupy properties of the third party by means of litigation fraud as well as the similarity between such crime and triangular cheating, I tend to regard it as fraud.Part 4: specific analysis of the nature of the litigation fraud based on occupying other people’s possessions by blackmail. Owing to the similarity committed by the plaintiff or accuser to the defendant or accused in action, crime and violation of rights, I am inclined to regard it as extortion.Part 5: further analysis of other crimes based on the litigation fraud. If the litigation fraud is not for the occupation of possessions or less than the stipulated amount, the crime will refer to the related crimes concerned. If the approach is not up to any crime, it will be dealt with according to the relevant civil procedure act and the judicial officials concerned will be responsible for their actions accordingly.Part 6: ending. First, a conclusion is reached by summarizing and analyzing the properties of the litigation fraud. Generally, it is taken as fraud if the litigation fraud is to occupy other people’s possessions by fraud. Owing to the particularity of cheating by one party, the crime will be regarded as extortion. As for the non-violation of possessions by litigation fraud, the offenders will be punished accordingly. Then the essay deals with different judicial choices to be made concerning several crimes. The principle is to punish the implicated offenders more severely. Finally, it emphasizes the application of Article 13 of the Criminal Law to ensure the necessary power of the Criminal Law.The clarification of the litigation fraud and the division of its type consist of the basis of this essay while the key part is to analyze its properties, on which the whole essay is based. In the past research, the scholars paid little attention to its types of behavior and the analysis of its properties was not based on its types, which is the important reason why the difference exists in terms of the properties of the litigation fraud. So the writer stresses on the analysis of its properties of each case of the litigation fraud and defines its crimes based on its different types combined with its existing criminal laws. That is just the creation of this article.