Study On Judicial Cognizance Of The Crime Of False Litigation

In recent years,the false litigation increasingly rampant in our country,and intensified.False lawsuit behavior not only infringe others' legal rights,raise the social contradictions,but also seriously breach of the judicial order,cause the waste of judicial resources,has affected the judicial credibility and trampling on the authority of law.On August 29,2015,on charges of false litigation written amendment to the criminal law nine of the People's Republic of China,make up the"criminal law" the false litigation regulation law blanks before,highlights the national determination to crack down on false lawsuits.However,as a newly added accusation,the criminal law theory and practice has a enormous controversy on the crime of false litigation.In order to play an effectively role of the crime of false litigation,preventing and reducing the false litigation,it is essential to have an in-depth studies on judicial cognizance of the crime of false litigation.At present,academic circles for the crime of false litigation in criminal controversial,mainly in the following several aspects.Firstly,the behavior means of false litigation can only be the act,which is not include the pure omission.In addition,according to the existing law,the behavioral object of the crime of false litigation limited to the civil litigation,in combination with judicial practice,however,false lawsuits also seldom happened in the field of administrative litigation and civil arbitration procedure.And in real life,except for the plaintiff who file the false lawsuit,other litigation participators of the civil litigation can be the subject of crime of the crime of false litigation also.Therefore,we should expand the scope of application and subject range of the crime of false litigation,otherwise once a person exploited legal loopholes to institute a false legal proceedings,the false litigation sin will be useless which is against the original intention of the criminal law.Before the false litigation into sin,parts in the judicial practice by fraud or breach of judicial regulation behavior of crime of false action.And false action is illegal behavior person using the litigation right in order to achieve his purpose,his behavior not only infringe upon the legitimate rights and interests of others,also hinder the judicial order,has affected the judicial justice,one of the most main is the destruction of our country judicial organ to normal proceedings,either with fraud or breach of justice,convicted and punished actions of the false action is inaccurate,inappropriate.And false litigation crime and other criminal easily confused in the judicial application,so it is necessary to false action were analyzed and the related crimes,clear the boundaries of the crime of false litigation with him,to accurately apply in judicial practice,and do it for a consistent.The last part is affirming criminal pattern of the crime of false litigation,at first,affirming the crime of false litigation belongs to behavioral offense or consequence offense will help to research crime accomplishment standards of it.Combined with the theoretical research and judicial practice,we will draw a conclusion that the crime of false litigation should belong to consequence offense.Only when the judicial order is obstructed or the legitimate rights and interests of others is seriously infringed,the person can be constitute the accomplished offense of the crime of false litigation.Moreover,"bring false litigation"is the initiate a crime of committing action in the crime of false litigation.Coupled with the false litigation is generally more complicated,the perpetrator usually with the illegal purpose to file a false lawsuit which means in the process of false litigation,the perpetrator does not exclude other illegal activities.So,in judicial application,we also need to pay attention to the quantity of crime of the false litigation perpetrator constitute imaginative jointer of offense,implicated offense and accomplice with others.In short,the function of law should be prevent crime,rather than punish crime.Study on judicial cognizance of the crime of false litigation will help the readers to have a more comprehensive understanding of this crime,thus playing a deterrent effect in psychological to the false litigation actor which will restraint the false lawsuit at source.At the same time,it is also convenient for the judicial personnel accurately apply this crime in the judicial practice of false action actor.Finally,false litigation into sin is a perfect cohesion of criminal law and civil procedure law in regulating the behavior of false action in our country,studying on judicial cognizance of the crime of false litigation is also more conducive to further improve regulation system of the false lawsuit of our country.