Study Of Crime Of Fraud Litigation

Since the reform and opening up,the people's legal awareness has increased significantly.The civil litigation filed with the people's court on the dispute has become an important way to solve the contradiction between the two sides and safeguard their legitimate rights and interests.But it is undeniable that in judicial practice,whether it is a number of property cases,or some non-property cases,there have been fraud litigation situation.The perpetrator fabricated false facts and brought civil action to the people's court.The purpose is to cheat the court of the referee instruments and expect to obtain unlawful interests.To this end,"Criminal Law Amendment(9)" specifically provides for the crime of fraud litigation in order to combat the increasing number of false acts in society.The new crime of fraud litigation,adapting to the needs of the development of the socialist market economy and enriching the provisions of our criminal law on fraud litigation.It plays an important role in safeguarding the order of justice and protecting the legitimate rights and interests of others.Fraud litigation has serious social harm and causes serious damage to the credibility of the judiciary.In the face of judicial practice in the form of fraud litigation,it is difficult to accurately grasp the crime.To this end,it is necessary to use the theory of criminal law to conduct in-depth study of the crime of fraud litigation.Removing the introduction and conclusion,full text is divided into four parts:The first part gives a brief overview of the crime of false litigation.The author first introduces the concept of fraud action and the crime of fraud litigation,and then combs the domestic and foreign legislation on the crime of fraud litigation.The second part analyzes the basic problems of the crime of false litigation.This section introduces the legal interests and the composition of the crime of fraud litigation.In the theory of composition,according to the two-tier theory,the author analyzes the behavior subject,the behavior,the behavior object,the harm result and the responsibility element of the crime of false litigation.So as to have a clear and comprehensive understanding of the elements of the crime of false action.The third part analyzes the difficult problems of false litigation.Fraud litigation is a crime committed,it is difficult to identify the crime accomplishment and attempt.The author uses the theory of "proceeding" and "end" to clarify the problem.The offender of the crime of fraud litigation includes the joint crime between the parties,the parties and other litigants of the joint crime and the parties and the relevant judicial staff collusion with the joint crime.The situation is complicated and needs to be explored carefully.The problem of crime has always been the difficulty of judicial identification and it is the key to accurately identify the charges,The author of the crime of false litigation may appear in the competing offenders,implicated criminals conducted a detailed interpretation.The author makes a detailed explanation of the competing offenders and implicating criminals who may appear in the crime of fraud litigation.The fourth part explores the judgment of "heavier punishment".Article 307 of the Penal Code,paragraph 3 and paragraph 4,provide for other crimes at the same time as constituting the crime of fraud action,and shall be convicted and punished in accordance with the provisions of "heavier punishment".That is to choose a felony heavier punishment."Judgment of heavier punishment" is a comparison between different counts."Heavier punishment" corresponds to felony and "lighter punishment"corresponds to misdemeanor.To the statutory penalty for the judge.