Research On Crime Of Fraud Litigation

Crime of collusive action, a new one of Criminal Law Amendment IX,means filing a civil lawsuit with false fact to obstruct the judicial order or infringe upon lawful rights and interests of others. Recent years, the phenomenon of false lawsuit in our socio-economic activities becomes more violent, not only violates the legitimate rights and interests of a third person, devastates the integrity atmosphere of the market economy, but also harms the seriousness and credibility of the judicial activity. There is no same unified understanding point of how to apply the new law between the theoretical extent and practical extent. On the basis of solving practical problems, with the core of constituent elements of the crime, this article tries to analyze the lack of legislation on this crime, and points out perfect path, hoping to help legislators and law enforcement understand the connotation of this crime clearly, and provide reference for the judicial practice.Except of the introduction and conclusion, the 30000 words article consists of 4 parts:The first part describes the legislative background of collusive crime action. Firstly, I introduce the experience of external legislations, and the processing methods of two legal systems; Secondly, I summarize the Chinese scholars’different opinions of how to determine the nature of the crime, point out the limitations of some ideas of guilty, and I think it should to be an independent crime;Finally, overview the legislation procedure, there was no law of this crime in 1997 Penal Code,but facing with the rampant false legal action,the judiciary in many regions began to actively explore countermeasures, and ultimately drave lawmakers to litigate the formal legislation of false crime.The second part analyses the constituent elements of the crime of collusive action. Firstly, the main body of this crime refers to persons who bring a civil suit with fabricated facts.The person generally refers to the plaintiff of civil action,including companies.Thinking of the large number of people involved in civil proceedings, the paper also analyzes if the accused, the third party, legal representative, etc. can become the main body of this crime. Secondly, according to discrimination of various viewpoints, the paper points out that the main object of this crime is the normal order especially when the judges hear the civil cases or normal activities of civil, while the secondary object should include both property rights and non property rights. Thirdly, in subjective aspects, we do not require the perpetrator should foresee their actions would seriously violate the legal rights of others, but only see it would cause damage to judicial order. Finally, views of the implementation of the behavior of this crime are different from the majority of scholars. The paper argues that there is only one act of fabricating facts to bring a civil action, and then discriminates the behaviors with other similar acts.The third part focuses on judicial application of the crime.The paper analyses the boundaries of this crime and fraud, the crime of obstruction to testify, perjury and other related charges, notes that this crime belongs to the result of guilty. In addition, this section focuses on the crime number, analyses with case of Imaginative Joinder of Offenses and the situation Implicated, then puts forward their own views.The last part analyses the defects of collusive action crime legislation,and put forward a sound path.The paper points out that the exists scope is too narrow, some provisions are not scientific, regulatory means is single etc. With the United States advanced experience, it proposes making new relevant legislative and judicial interpretation, establishing mechanisms for punitive damages and taking an effective method to improve the social credit system in order to reduce this crime.