Criminal Regulation Fraud Lawsuit

Nowadays, with the continuous development of economy, the increasing complexity of social relationships, citizen’s legal consciousness constantly strengthen, more and more disputes are appealed to the court. But, at the same time our country current law construction hasn’t caught up with the pace of economic progress, social development, on the criminal law to clear regulation of litigation fraud, related regulations in the civil procedure law also failed to effectively curb the false lawsuits filed, which makes some criminals, seize the loopholes in the legal system, for each scheme of rhetorical into the capital of an empire "law".Although China had not tong said on litigation fraud, but in reality is the presence of large amounts of litigation fraud cases, especially in the economically developed eastern coastal areas, litigation fraud seems to have become the norm, whether personal, unit, and even lawyers are involved. According to incomplete statistics, zhejiang and guangdong provinces since 2000, litigation fraud cases continues to rise in the trend, and after 2010 is a spurt of growth. In our country’s legal system, from 2000 to now, no relevant legislation, judicial explanation is not perfect, only in 2002, the supreme people’s procuratorate of the "reply" and some local "guidance" in hard to maintain. Court litigation fraud cases have been found after the corresponding measures are also limited, or be convicted and punished according to the crime of fraud, or penalties shall be imposed in accordance with the relevant provisions of the civil procedure law. Legislation relatively lags behind, it’s growing a hotbed of litigation fraud; The lack of law enforcement and punishment system is not perfect, also add to the litigation fraud from happening.What is a litigation fraud? We in reality were observed by repeated cases, litigation fraud can be drawn from the specific pattern is:the first person to have the purpose of illegal possession, its method is through the malicious collusion, false facts, fabricated evidence, the parties malicious filed a lawsuit to a people’s court (civil litigation, administrative litigation, etc.), which make the mistake of the people’s court judge, and others of public or private property or property benefit. Such behavior can occur in the civil lawsuit, also can occur in some administrative litigation and some accusing the case. We are the most common phenomenon is that the actor is tampered with, forge a civil lawsuit evidence; A civil lawsuit malicious collusion between the parties.At present only in the civil procedure law related to litigation fraud have relatively clear can adapt to, the author thinks that litigation fraud has serious social harmfulness, just rely on the civil procedure law to regulate this behavior is obviously not enough. Its behavior may not only infringes the property of the party were killed or other interests, and severely disrupted the normal, the stability of the judicial order in our country, the great waste of the lawsuit resources of our country, should belong to the criminal, not just in violation of the civil procedure law. The author to refer to them by foreign penal code and foreign scholars, found that the civil law countries generally have no single will suit fraud crime, but these countries on the judicial explanation or theory all think litigation fraud is a special kind of crime of fraud; While Singapore, Italy, Spain and other countries of litigation fraud on the legislation of the system. As a special socialist country in China, should be more embodied in the legislation of our country’s socialist national conditions, starting from the actual situation of their own. The authors therefore concluded that the litigation fraud is a necessity and rationality of separate legislation. Discussion, based on the domestic various theories of differences between the pros and cons of each theory analysis, separate litigation fraud is feasible in our country.In this paper, in the last part, through artificial concrete provisions of litigation fraud, the constitutive requirements of crime of fraud of the detailed analysis of litigation, after discussing crime and not crime, this crime and those crimes of boundaries, try to draw the outline of the action of a complete fraud.In addition to the introduction, in this paper, a total of six parts:The first part is through the three cases which leads to the topic, and then summarize out the definition of litigation fraud, system to clarify the characteristics of litigation fraud; According to the common phenomenon in the society, the author will different litigation fraud are classified, respectively from the method, the main body, the dangerous case, etc; And progress of the cause of litigation fraud is a research, respectively from the citizens’ lack of honesty, crime costs and benefits of extreme imbalance, a loophole in the judicial regulation were discussed.To classify, the second part will suit fraud through different categories of contrast, layer upon layer will suit fraud parsing.The third part is the scope of litigation fraud legislation present situation, from Japan, Germany, Singapore, Italy, Spain and China Taiwan region legislation experience of all countries judicial precedent, analysis of litigation fraud is discussed in this paper.The fourth part is the present status of domestic and determination of litigation fraud, respectively from the litigation fraud does not constitute a crime; Litigation fraud more in line with the constitutive requirements of racketeering sin; Litigation fraud more in line with the constitutive requirements of crime of fraud; Litigation fraud constitutes another crime, a detailed analysis.The fifth part is the domestic existing each theory’s comments, learn the merit, unreasonable criticism of them.The sixth part is to establish the idea of litigation fraud, specifically describe how to add litigation fraud, what is its constitutive requirements, respectively, guilty and not guilty, the difference between this crime and those crimes.