Criminal Regulation On False Litigation

In recent years, A large number of false litigation exists in the court. Not only the legal litigation rights are abused, the judicial order, the judicial authority and the public trust are seriously damaged, but also seriously damage the market economic order and the legal rights of others. In order to effectively regulate the behavior of false litigation, related laws and interpretations were introduced in2015. Under the joint construction of the legal framework by the judicial interpretation of the civil procedure law, the judicial interpretation of private lending and the criminal law amendment nine, the application of honesty and credit liability, the improvement of the rule of evidence identification, the examination of folk false loan and the introduction of the crime of false litigation, make the regulation of false litigation has been preliminarily formed. Because of the limitation of the crime of false litigation and the defects in the civil procedure, the effect of regulation is not ideal. Under the existing legal framework, This paper is trying to analysis the significance of setting up the crime of false litigation, the system of the false lawsuit regulation and perfection of false litigation regulation. This paper can be divided into four parts.The first part is mainly on the overview of the false action, the different definitions of the false lawsuit behavior, the concept offalse action and the contrastion to the similar concepts, try to clear false accusation corresponding to the false lawsuit behavior.Analysis essential features and the main types of the false lawsuit behavior.The second part analyzes the necessity of the crime of false litigation, the significance of the crime of false litigation, the constitutive elements of the crime of false litigation.The third part, try to interpretate the crime of false action and analysis the crime of litigation fraud crime setting, the scope of regulation, charges applicable problem analysis and the author’s thoughts.The fourth part, focus on the false litigation idea, one is suggestions on the revision of regulations on crime of false litigation,under the condition of existing indictment, the judicial interpretation,expansion of false action crime connotation, reduce charges apply to the plight of.