Qualitative Analysis And Criminal Regulation Of Litigation Fraud

Nowadays,some people use a variety of means to achieve more economic benefits and other interests,and the result is that litigation which is used to safeguard social justice is also used illegally.In addition,the relevant laws of our country don’t stipulate this behaviour and at the same time the judicial system is weak.All of these reasons make litigation fraud become more serious.It is because the Chinese criminal law and other related laws make no definite provision for litigation fraud that courts have different kinds of viewpoints to determine the character of litigation fraud in the judicial practice.Some courts condemn the people who carry out litigation fraud not guilty;some demand the people bear the civil sanctions;some decide the crime of fraud;some vote the crime of impairing testifying.At the same time,there are many different kinds of viewpoints about how to determine the behaviour in theoretical circle.As we all know,the litigation fraud not only encroaches on public and private of property and other lawful rights and interests,but also confuse the judicial order. Because the serious social harmfulness,so it is necessary to use the Chinese criminal law to regularize the behavior.However,litigation fraud has its own characteristics and it is not only different from crimes of property violation and crimes of impairing judicial administration,such as crime of fraud and crime of impairing testifying,but also different from any crime in the specific provisions of criminal law.So establishing new crime to regulate the behaviour is very necessary.There are many kinds of legislative mode in the world,but the most suitable model for our country is setting up crime of litigation fraud and making it into the crimes of impairing judicial administration.