Study On The Criminal Regulation Of The Litigation Fraud

With the concept that the society with rule of law deeply rooting into everyone’smind,more and more people choose suit to slove the disputes that they meet in life.Ourcountry has entered into the “litigation society”,in which ten percent of the population hasinvolved every year,but with the increase of the civil and the other case,appearing thebehaviors of litigation fraud that many actors maliciously use the suit to attain their illegalpurpose,such as the famous case of “Sanzhu’s Quality”,which’s big quantities and badlyharmful consequence not only damage the rights and interests of the victim,but also break thenormal order of the justice.According to the incomplete statistics,the number of the case oflitigation fraud has been found reaching as high as2000around the country in the pastdecade.Litigation fraud is the behavior that the actor use the false evidence to file suit andthen let the court make a wrong judge and thus destroy the normal trial of the judicialdepartments,so that they can obtain the property or the property interests.The behavior itselfhas the seriously social damage,and beyond the civil the administrative jurisdiction.Litigationfraud must be regulated and eventually conform to the principle of suiting responsibility andpunishment to crime.But at present,our country’s criminal law does not make a specificationfor the litigation fraud,the educational circles also lacks the comprehensive view to theregulation of litigation fraud,and the result of litigation fraud is still unified among the judicialpractice.The author hopes that through this paper to make a specification for the externalcharacteristics and the inner essence of litigation fraud,and then explore its definition of crimeand not-crime,this crime and the other crime,and finally back to the point of adding a singlecharge to regulate the behavior of litigation fraud.This thesis is composed of four parts. In the first part, it introduces the concept of viewtowards litigation fraud between China and foreign countries, and distinguish the similaritiesand differences between two views. Based on the research of Chinese and foreign scholars,the author put forward their own understanding on litigation fraud. What’s more, this part alsosummarize the of manifestation and characteristic of litigation fraud actions. In order to betteranalyze litigation fraud actions in the following passage, the author introduces the knowledgeof litigation fraud actions respectively from the external and internal aspects.The second part, first of all, with the theory of litigation fraud said "not guilty" as thebreakthrough point, the analysis of the disadvantages of innocence said, causing the author think of litigation fraud crimes. In this, the author from the litigation fraud has serious socialharmfulness, from its and the harm of the crime of fraud for light to heavy, litigation fraudcan not be outside of the criminal law by other law adjustment and the cohesion between theprocedural law, such as civilian law perspective, demonstrates the necessity of litigation fraudcrimes and into the value of sin. Secondly, based on the domestic and foreign theory andpractice of litigation fraud qualitative, similar to the way it was compares the crime ofcriminal law, especially compared with the crime of fraud, analyzes various views to theauthor’s conclusion-new charges adjustment of litigation fraud is the only way out.In the third part,on the basis of Part Two,analyze the feasibility of creating aaccusation(crime of litigation fraud) if this behaviour constitute a crime,to support thesignificance of creating the accusation.And the Part labor the key compontent of the crime oflitigation fraud.At last conceive the accusation belongs to which chapter of the CriminalLaw,how to present the accusation and the relate statutory sentence,which represent theexpectation of the author about the direction of legislate the crime of litigation fraud.In the fourth part, the author mainly focus on some afterwards issues related on bringlitigation fraud into criminal law. Those issues include how to identify the crime of litigiousfrauds, how to define attempted crime, how to dispose unilateral accomplice in litigiousfrauds, and how to define the crime competing.The author also conducted their own thinkingand draw their own views, in order to give some reference by the academic circle.