Litigation Fraud Friminal Faw Feaserch

Fraud by lawsuit has existed for a long time in China while it increases and spreads rapidly in recent years. From the perspective of characters of infringement of legal benefit, the perniciousness of fraud by lawsuit is equal to ordinary fraud. Actors suffer a low risk being sanction by laws owning to the controversy in the definition of fraud by lawsuit both in judiciaries and theories of criminal law. In addition, there are still some loopholes and imperfection in the existed penal law in China. Comparing with the illegal benefits or high incomes they have gained,breaking low cost a little. They try to cater their own desire to exploit an advantage of laws, which disturb the social order and damage other’s legal rights and interest that will be common sense for Chinese to crack down on this behavior.Amendment(IX) to the Criminal Law of the People’s Republic of China which has been carried out on November 1th 2015, has stipulations of legal fraud. This is the first time that actions of legal fraud is declared as crime if fraud by lawsuit specifically. Although the Amendment of Criminal Laws has been put into effect, the relevant judicial examination and laws haven’t issued.Thus, there’s still large space to study and complete the penal provision of legal fraud.Part I: The definition of the concept of fraud litigation. First, start with the concept of legal fraud, they put forward their views by compared the definition concept from different scholars.What’s more, it contrasted similar concepts fraud litigation with malicious discrimination lawsuit to make the concept of litigation fraud clearer. Third, it contrasted litigation fraud with other crimes. Finally, it need to sort out the necessity of regulation of crime and fraud litigation. Part II:The study of basic theory of fraud litigation. We should first sort out the basic theory clearly for the criminal regulation of litigation fraud. It include criminal structure, patterns of crime and a crime, a number of crimes, cases of common crime. Part III: A comparative study of crime and fraud litigation of extraterritorial and our country. It is an inevitable trend to regulate litigation fraud from China’s specific national conditions and the actual needs of the fight against crime.Part IV: Suggestions for improvement of the fraud lawsuit. Litigation Fraud China’s "Criminal Law Amendment " Article 35, there is legislation designed sufficiently sophisticated, legislative language is not clear enough and so on. This part will be in the statute perspective, make relevant recommendations to improve.