A Study On The Judicial Application Of The Crime Of False Litigation

In the wave of the socialist market economy,economic interests have become the main driving force for people’s activities.With the popularity of legal concepts in recent years,litigation has become the first means of human rights in the mind,but with the popularization of litigation activities,people play for the relevant economic interests of the idea of litigation,so a large number of real-life bilateral Or one party forged evidence,the formation of false civil litigation,in order to obtain improper interests of the behavior of emerging.This kind of behavior not only infringed the property or other interests of others,but also seriously hindered the normal activities of the judiciary and caused some damage to the judicial order,but also hindered the pace of China’s economic development.In this "Criminal Law Amendment IX" in a special charge of the act to regulate the false not only played a very good role in the dispute,but also can play a very good maintenance of the judicial order.Therefore,it is of great practical significance to probe into the related problems of this crime.It is necessary to analyze the constitutive elements of the crime in order to accurately define a charge in the complicated acts.The subject of this crime is limited to the plaintiff who can bring a civil action,the third person who has the independent claim right,the counter-claimant,the legal action agent and the representative.In the original,the defendant should be the case of collusion as an accomplice.The subjective aspect of this crime is intentional,that is,knowing that the act will infringe on the legitimate rights and interests of others or the judicial order,but also hope or laissez-faire the occurrence of the result,illegal possession is not necessarily subjective,because illegal possession only in the case of encroachment reflect.According to the relevant theoretical analysis of the crime of fraud,this kind of behavior includes two kinds,the fictional facts or the concealment of the truth,the falsification of this crime is confined to the fictional facts,and the falsification of the facts is the only way to determine the crime.Concealing the truth based on the freedom of the spirit of civil action,does not constitute the crime of the crime elements.At the same time,based on the author’s 40 judicial decisions on the fake lawsuit,the main behaviors of this crime can be divided into two types of collusion and unilateral implementation.The analysis of typical cases will help the better application of this crime.False litigation is the first in the civil process of tort,in the crime before the introduction of "litigation fraud","litigation fraud" and "malicious action" and other names of the name of this behavior,the crime The author of this paper starts from the difference between the crime of false action and these civil concepts,and according to the degree of the plot and the degree of the accomplishment of accomplishing the crime,the author points out the difference between the crime of false action and the non-The boundaries to make a clear division of the judicial application of the time when the crime of this fixed,when to provide a number of views on civil infringement.The author from 40 cases in the investigation report,before the introduction of this crime and the crime of fraud,the first two paragraphs of Article 307 of the Criminal Code more charges,which also shows that the crime and other three crimes there is easy to confuse the Department,apply The process is also very much in need of this crime and the confusion of these distinctions.In the crime of fraud,the author not only compares the theory of "triangular fraud","indirect criminal offense" and general crime,but also compares the two from the sentencing range,mainly based on 40 cases of samples Statistical data.The crime of disobeying testimony and helping to destroy the evidence of forgery are also analyzed from the aspects of theory and sentencing.Accurate definition of whether after the end of the crime for the completion of specific forms of crime,the number of forms also need to be clear.The crime should be defined as the use of fabricated evidence to initiate civil proceedings,before the introduction of criminal nine,some scholars believe that this crime should be a behavior.After the introduction of torture nine,I believe that false action is the result of crime should not be too much controversy,false action to proceed from the fabricated facts or false evidence from the beginning,according to the crime described in the Criminal Code 307 under the conditions of this crime According to the punishment of this crime,the article thus concluded that the crime as a result of guilty.Finally,the author analyzes the crime form of this crime,analyzes the crime of imagination and the crime of false action from the crime of substance.