The Research On The Crime Of False Litigation

With "Criminal Law Amendment(9)" added false crime in 2015,part of the false crime is finally convict by the criminal law.The development of today's society is fast,more contradictions occur,litigation as a way to resolve disputes,more and more accepted by the people,at the same time,it also provide a way to use public power to seek illegal interests for the lawless elements.The authority of the judicial procedure,the concealment of the false litigation and the coercion of the litigation result all lead to the serious consequences of the false action,but it is difficult to be found and investigated the responsibility of the situation.Before the criminal law has yet to make clear regulation of such acts,the action of false crime usually govern through civil means.But for criminal acts,the court will also convict it of fraud,extortion or obstruction of justice according to the actual situation.In 2002,in "Supreme People 's Procuratorate 's reply to how to apply a legal question by through the forgery of evidence to cheat the court civil referee possession of other people's property behavior" provides that such crimes in accordance with the forged company seal to determine.This is indeed in the criminal law on false action is not clearly regulated the case of the move.In this context,it can be said that the execution of false action is popular,it is the end of the judicial practice of confusing the situation,and enhance the punishment of such acts."Criminal Law Amendment(9)" for the provisions of the crime of false litigation in general worthy of recognition.But from the details of many places there are still differences in understanding,is not conducive to the guidance of judicial practice.It is based on this,the paper mainly for false action to conduct research.The study covers the concept and characteristics of the crime of false,the crime constitution,the judicial determination and the problems encountered in the development and implementation of this offense,simultaneously explores the relevant countermeasures to improve the crime of false litigation.The paper is divided into four parts,the first part is an overview of the crime of false litigation.compare false litigation and litigation fraud,malicious litigation and other concepts,distinguish the connotation,extension and characteristics of each concept.Through the summary of the characteristics and types of the crime of falsification,so that the crime is more clear.Through the reading of foreign literature,how to regulate false prosecution in other countries also have a preliminary understanding and get experience.The second part is the core of the whole thesis,analyzes the crime constitution of the crime of false.From the object,the objective,subjective and subjective aspects of the crime to do a holistic grasp of the crime.Whether in the theoretical or practical operations,a study of the charges and that can not leave the crime elements.False litigation crime as a crime against the crime,its object of the violation,of course,includes the order of judicial proceedings in our country.Since the purpose of such acts is often to obtain an illegal interest,the crime should be understood as a violation of complex objects of the crime.In the objective aspect,the act of the crime of false litigation should be "to bring a lawsuit",and at the same time,it should be included in the general way to understand the truth of "fabricating the facts" and conceal the truth.The law stipulates that the subject of the crime is the plaintiff,the defendant,and the third person can cooperate with the plaintiff to form the crime in the case of false collusion with the plaintiff from the perspective of social harm.In the subjective aspect,The criminal purpose of the crime should not be limited to property or property rights.The third part is mainly on the judicial determination.In judicial practice,false action is not isolated,but may exist with other charges,and there are cases of mutual confusion.False proceedings are often not carried out by the perpetrator alone,in the implementation process may also be due to external reasons and did not achieve the ultimate purpose of litigation.The behavior of the perpetrator may also violate other criminal charges.These situations have led to the problem of unfinished form,common crime and criminal coexistence in false litigation.These questions have a pivotal role in determining whether an act is a false offense in practice and how to send it.The fourth part puts forward the corresponding suggestions based on the previous content aiming at the problems and deficiencies in the provisions of the "Criminal Law Amendment(9)" on the crime of false litigation,such as expand the scope of the main body,relaxation of criminal means,make judicial interpretation,make reasonable setting of legal punishment and so on.False litigation is a new offense,it has a crucial role in filling the legal gap and ending the chaos of judicial practice.In-depth research and refinement of the legal provisions is the key to promote its better application.