Criminal Law Regulation On Litigation Fraud

Litigation fraud behavior from the concept description and concept to the conviction mode, set up the penalty has always been controversial, all kinds of viewpoints of academic field debate endlessly, in judicial practice with different penalty problems. < criminal law amendment(nine) > the introduction, for the criminal law to regulate the litigation fraud provides legal basis, basically solved the judicial practice of litigation fraud behavior regulatory confusion dilemma. From the point of view of the overall, modified regulation mode case is reasonable and worthy of recognition, but from the point of view of the subtle and modified case Article 35 also exist some problems, such as regulation range limitations, crime description is fuzzy, the judicial practice lack qualitative definition into the clear and lack operability, statutory penalty, the lack of gradient. These problems lead to the judicial practice in dealing with certain litigation fraud cases, can not do a lawful, accurate, impartial, damaged the judicial credibility. In view of the above problems, in this paper, combined with the theory of litigation fraud for the academic research and the typical case analysis of necessity, from the five aspects of litigation fraud in criminal law issues discussed: first, litigation fraud crime legal basis; second, litigation fraud; litigation fraud; litigation fraud behavior of special form; fifth, litigation fraud punishment discretion.