The Cognizance On The Crime Of False Lawsuit

With the economic development and social progress, citizen's legal consciousness has been greatly enhanced and private capital is activated. Meanwhile, it also inevitably leads to some side effects as false lawsuit, which waste judicial resources, disrupt the judicial order and finally pose great threat to the judicial authority and judicial credibility. Moreover, from the individual's perspective, it damages the legitimate rights and interests of victims. Before the "Criminal Law Amendment(ix)" was issued, there are various views on the nature of false lawsuit in the circle of law theory, such as "innocence theory", "fraud theory", "crime of impairing and testifying theory" so on and so forth. And common case of different judgments widely exists in the judicial practice. To some extent, lack of unified legislation on false lawsuit contributed to the spread of this trend. In August 2015, the "Criminal Law Amendment(ix)" was promulgated and the crime of false lawsuit was added on the thirty-fifth Article, providing legislative basis and unified regulation standards to combat false lawsuit. It clarifies the basic facts about the crime of false lawsuit, determines the guidelines for the management of the concurrence of the crime of false lawsuit with other property violation crime. Notwithstanding, there are much controversies in dealing with the range of false lawsuit space, criterion of accomplishment of the crime and related concurrent crime, which are not conducive to the fight against the crime of false lawsuit, and bring troubles to the judicial personnel in the specific application of law. Therefore, it is of great necessity to refine and discuss the crime of false lawsuit. Totally, this article is divided into the following three parts:The first part analyzes the situation of the crime of false lawsuit in recent years, so as to illustrate the dangers of false lawsuit behavior; it also makes qualitative analysis of viewpoints on false lawsuit before the introduction of the crime of false lawsuit, aiming to make clear the defects and deficiencies of these views and reveal the necessity and significance of the incrimination of false lawsuit.The second part analyzes the constitutive elements of false lawsuit crime according to the basic facts of the crime of false lawsuit. For example, we can know the behavior and space of the crime of false lawsuit from "fabricated facts filed a civil lawsuit"; we can know the object of the crime and criminal consequence from "obstruction of Justice order or seriously infringe upon the lawful rights and interests". But due to the limitations of this crime, issues like the criminal phase, the criterion of the accomplishment of the offense and related and concurrent crimes are not clearly defined. Even in the provision, disputes exist as the range of space limited in civil action, without considering the possibility of administrative action and arbitration, and the determination of results of the behavior, that "prejudice judicial order or seriously infringe upon the legitimate rights and interests", which hinder the consistency on the application of this provision in judicial practice. The author will analyzes from the above-mentioned problems.The third part makes distinction between similar crimes for the proper application of the law by judicial personnel. The author will analyze similarities and differences between the crime of false lawsuit and that of the fraud, obstruction of witnessing to classify and define such crimes. Based on the analysis of the crime of false lawsuit, the author puts forward personal views on this crime, discusses the criminal pattern and law concurrence, and analyzes its rationality.