Researching The Crime Of False Litigation

In our domestic, the false litigation frequently occurred but without strict regulation, in November 2015, the formal implementation of the ninth criminal law amendment added false litigation. Set up the crime of false litigation to solve the previous problem in the status of the criminal law, and links up the new revision of the civil procedure law,form unified in the legal system. Four parts will be followed:The first chapter is about the statement of basic theory in false litigation. First, the concept of the false litigation, classification, different point of view, put forward the basic concept of false litigation under the new situation should include the category, and the false litigation compared with other similar concepts, combined with the case of the current distribution and quantity, summarizes the characteristics of the false litigation. Then, the argument of false litigation in theory, evaluate and analyses the point of crime of fraud, offense of extortion by blackmail,and innocence.Last,interpretation of this crime in the judicial interpretation has decided to the crime of forging the companies,enterprises, institutions, people’s organizations seal or the crime of sabotage to testify the idea, and something about this crime’s legislation.The second chapter is on the crime of false action crime constitution and its analysis with the boundaries of other crime. The crime of false action object characteristics for complex object,state of normal judicial order is the main object, and the lawful rights and interests of others is a secondary object; Objective characteristics for fabricating facts filed a civil lawsuit,judicial order or serious breach of infringes on the lawful rights; Main characteristics should be limited to the parties; The subject is a direct intention. And the witness will testify this crime and the crime of fraud, perjury and disrupt the boundaries of crimes.The third chapter is the analysis of the problems of the crime of false litigation in the applicable.The author think that the accomplished form of this crime should be consequential offense and analysis of the sin number form of imaginative joiner offenses.These two kinds of pattern should obey the rule of “punishment observing the most serious crime”.The fourth chapter is to explore and analyses the characteristics of foreign countries and gain some enlightenments to make the crime better apply.The false litigation, which still exists indictment language is not clear, accomplice, conviction standard regulation is not clear,concurrence of law dealing with is yet to be clear, to suggest that counts specificationlanguage, clear conviction standard, clear accomplices punishment principle, rule of law dealing with legislation suggestions.