Fraud Litigation In Criminal Regulations

"concept of litigation fraud","criminal constitution of litigation fraud","criminal litigation of litigation frau", and "criminal justice of litigation fraud"are the important aspects of litigation fraud, and the content of the four aspects are in a logical aggressive relationship. Differing from other relating definitions and concepts, the litigation fraud shall be defined as with the purpose of in the possession of private property or other unlawful purpose, the conduct be implemented by means of forged false evidence in civil litigation or administrative proceedings, the circumstance are serious behavior. As a special multi-act crime, the essential characteristic of litigation fraud is the complexity of the crime object or the complexity of the infringed legal interest. Litigation crime has the following characteristic:"double sin "or "multi sin" with"(indirect)+(direct) intention"、 "double victim"、"double legal interest infringed" or "complex legal interest infringed" with "double crime objects" or "complex crime objects", which is corresponding to the special multi-act crime. Apart from the shortage of system foundation and moral risks,the rationality and necessity of criminalization of litigation fraud is determined by the social harm of litigation fraud and the shortage of regulation. In the section of "crime of impairing justice" which is in the chapter "crime of disrupting the order of social administration", we shall draft the stipulations of fraud litigation in balancing the crime of fraud and other articles of the crime of impairing justice. The judicial practice of fraud litigation consists of, distinguishing the guilty or not guilty in fraud litigation, the determination of aggravated offence of fraud litigation and the determination of criminal pattern fraud litigation.