Legal Thinking On The Crime Of False Litigation

“Criminal law amendment(nine)” Article 35 added the crime of false action,although the crime of litigation fraud is a new accusation, but false action already exists in the judicial practice, and it is getting worse, some thoughts are through forged evidence, colluding witness filed a false lawsuit, seek improper interests,seems to litigation as they seek interests means the judge as the tools they use, this is undoubtedly a serious damage to the credibility of the judiciary and other legitimate rights and interests, so “criminal law amendment(nine)” to add the charges is particularly necessary. It can be predicted that the crime of litigation fraud into the penalty can prevent or inhibit a role in the occurrence of false lawsuit behavior, but in order to better play the role of the crime, in order to in the judicial practice is more accurate for, it is necessary for us to the crime of false litigation related issues in-depth study, which is the to discuss.This paper is research on the crime of false litigation mainly includes four aspects:First, discusses the concept and crime of the crime of false litigation form, from the three elements of the objective aspect of the crime of false litigation, subjective aspect, main body carries on the analysis proof, thus the concept and crime of false accusation constitute has a clear definition, this is the study of false action crime needs first to solve the problem, for the theory to lay the foundation for the study.Secondly, through the false lawsuit behavior in the past theory and practice ofqualitative dispute, clear boundaries between crime and crime, this part of the content is very important by the game and other charges, nature more clearly false accusation.Again, of false accusation crime stop shape related issues, this part of the content in the previous theoretical studies rarely involved, but the crime stop shape is we in the judicial practice can not be avoided, so content of this part of research is very necessary.Finally, the “criminal law amendment(nine)” thirty-fifth comments, from the perspective of the scientific and rational set of the law, the analysis, put forward their own views and opinions.Through these four aspects of research to complete system include false action crime related problems, define the false action of the crime concept and constitutive elements of crime, boundaries clearly false accusation and other crimes, and the crime of the crime stop on the form of also can provide certain reference significance for the practice of our method.