The Judicial Conviction And Legislative Proposals On The Crime Of False Litigation

The crime of false litigation is a new charge in the criminal law amendment(nine),which makes up for the blank of the regulation of criminal law.It means the evidence of lawsuit is manufactured by the accuser.Fabrication refers to counterfeit or alter the evidence about the statute of the subject and the civil litigation rights and obligations between the two parties.The first form is fabricating the subject,content or object the of civil procedure,which includes malicious collusion between the two parties and the plaintiff filing a lawsuit to frame the defendant.The second is to exaggerate or reduce the content of the legal relationship in civil procedure.Under this circumstance,the main body of the lawsuit and the disputes are real,but the facts and reasons are not true.The third form is distorting the civil legal relationship,which means in order to maximize their own interests,the plaintiff make the real legal relationship into another legal relationship.These forms can only be completed by act.If the person who does not have the burden of proof in the civil lawsuit suppress the truth,he does not violate the principle of proof in the civil action and the court can decide against him.Therefore,to conceal the truth is not included in the scope of the crime of false litigation.In the registration system,bringing a lawsuit is not only to submit a complaint into trial.The judges have to investigate and collect the evidence or open court sessions,but whether the judgment is right or not will not affect the judges to decide the crime.Because the number of judges is much less than the cases,the false litigation disperses judges' attention.In addition,it is contrary to the principle of civil litigation evidence and violates the objectivity and fairness of the judicial activities.Therefore,this crime violates the interest of judicial order.In view of judicial practice,false litigation may exist in trial,pre-pleading mediation,implementation of procedures and non-litigation procedures.This paper discusses the subject in those four aspects.The purpose of the behavior has not been taken into account.Following the principle of modesty of criminal law,this paper suggests that the purpose the crime of the behavior should be seeking the illegitimate interests.To commit the crime of false litigation need a serious consequences,which can be analyzed from the manner,consequences and the expert conclusion is made under coercion,the defendant bankrupted by the false litigation and the effect of the act.This paper aims to provide some reference for the judicial application of this crime by refining the purpose,manner and the effect of the behavior.