The Judgement And Punishment Of Fraud Litigation

Action related to the peace of private interests and stable public order and authority cannot be manipulated illegally.In recent years,more and more fraud actions have come into existence in different courts.Some wrongdoers who seek interests plan in advance to avoid to pay debts and withdraw their possessions,which is extremely harmful to reasonable private interests and normal judicial order.The Third Plenary Session of the 18 th Central Committee of the CPC said that more serious punishment on fraud action should be taken,indicating that fraud action regulating has become the focus of the top plan of the country and it is necessary to construct regulating legal system from different prospects and in different levels.There has not been a uniformed definition of fraud action and related definition no matter in theory or in practice by now.In practice,only a few district judicial authorities give a clear definition of fraud action,but all over of the country,there is not a uniformed definition in theory.It is the prerequisite of regulating fraud action to recognize what is fraud action clearly.Therefore,this paper aims at the components of fraud action and the difference between fraud action and malicious action based on opinions in theory and practice,the method of case study and a great number cases.After confirming the components of fraud action,this paper will the reasons of fraud action from good faith rule,procedural rules and substantial rules.And it is found that the degradation of moral level is the primary cause,and it is also related to the education of rule of law,judicial corruption and social atmosphere.On the other hands,the whole procedural modes including checking rules and meditation rules have some deficits which give chance to wrongdoers,and the innocent victims have no way to protect their rights and interests due to the deficits of the liabilities system.Different reasons lead to the serious fraud action.Most of punishment on fraud action is legal punishment,so this paper will focus on legal punishment on fraud action.Civil substantial liability punishment,civil procedural liability punishment and criminal liability punishment are the main legal punishment modes nowadays.The construction and recognition of these liabilities indicate different authorities' strict punishment on fraud action.And constructing a amphitheater legal punishment mode step by step can help to protect public powers and private rights.Finally,this paper will construct a complete legal system about fraud action by enhancing liability system,procedural rules and good faith rules based on the three main causes.Specifically,liability system should be progressive and amphitheater and confirming the components and recognizing standards of different liabilities,especially constructing tort liability system to protect private rights.Procedural regulating should be more strict by enhancing the checking duty of registering,judging and enforcing in order to give no way to wrongdoers of fraud action.Last but the most important,we should make it clear that rule of law should be combined with rule of morality,social good faith system should be reconstructed and the education of rule of law should be enhanced to clear social atmosphere so that fraud action can be eradicated.