Analysis Of "The First False Litigation Case" From The Perspective Of Civil Law And Criminal Law

With the rapid economic development these years,the 'False Litigation' problem also becomes increasingly severe.To restrain this behavior which both endangers the national judicial order and infringes upon the legitimate rights of others,China has stepped up its emphasis on cases of false litigation.It was first included in the Civil Procedure Law in the 2012 amendments.Then it is officially set up in '9th Amendments of Criminal Law' of 2015.In this way,the Civil Law and Criminal Law are well connected in terms of False Litigation.However,In the substantive law and procedural law,our regulation of this behavior still has many imperfections and incompleteness,which largely influence the regulatory effect of False Litigation.In this paper,we analyze the case of 'No.1 False Litigation Case',explore the probable adjudication of that case and other underlying problems during the judgement under the circumstances of both Civil Law and Criminal Law.'The First False Litigation Case',as the first False Litigation case which is confirmed by China 's Supreme People' s Court,is always reminding us to be alarmed about the False Litigation behavior.Company Telaiwei and Company Oubao,the perpetrators of this case,conducted many malicious action,fictitious claims of debt relation,and occupation of others property in large amount,which completely shows their Subjective malice.Their behavior has seriously violated the normal legal order and the legitimate rights of others and is sufficient to meet the criteria of False Litigation.However,as the judgement happened before the '9th Amendments of Criminal Law',the perpetrators did not subject to any criminal sanctions and this result also greatly hurts the significance of this case.Analyzing this case helps us to clarify the legal context of the case,and brings us more insight about cases of this kind.The value of this case is not only to be coming as the 'first',but also to serve as a good material to study the regulation of False Litigation under circumstances of Civil Law and Criminal Law's connection.To reduce the happening of False Litigation efficiently,we should strengthen the regulation,increase the cost of the illegal behavior,and provide more aids to outsiders of the case.For Criminal Law,we should refine the relevant provisions of the crime of False Litigation;for legal process,we should clarify the prosecution agencies and establish the connection procedures between Civil Law and Criminal Law.In this paper,we start from the 'The First False Litigation Case',analyze the problems we have in China for now,and provide some suggestions correspondingly.The paper is organized as follows.Chapter 1 serves as introduction and provides ideas about the meaning of this topic and the legislative process of the connection between Civil Law and Criminal Law.Chapter 2 reviews the 'The First False Litigation Case' and analyze the case from the view of both Civil and Criminal,confirming that this case satisfies both criteria.Chapter 3 provides more detailed analysis from both views.Chapter 4 explains the problems within the process of Civil Law and Criminal Law' s connection and provides suggestions.