Research On Basic Issues Of The Crime Of False Lawsuit

In current society,False Lawsuit phenomena are emerging in an endless stream.The ultimate reason is that False Lawsuit is characterized by low crime cost,various crime means and strong concealment.Many wrong-doers,driven by interests,damage other people's legal interests to impose their own interests for the sake of legal risk averse.Our country's previous Criminal Law did not give definite provisions on False Lawsuit,resulting in legal loopholes in this field.Thus the Amendment 9 of Criminal Law put forth specialized provisions on False Lawsuit to fill in the legislative blanks.However,despite the new legal provisions,specific and applicable judicial interpretations have not been given properly.In consequence,there is inconformity among all regions in the application of the provisions,which greatly hinder the implementation of laws.This paper takes the value of incriminating of False Lawsuit Behavior as the breakthrough point,gives an accurate definition of concept of False Lawsuit Crime,differentiates it from other similar concepts,and has a precise concept for connotation and denotation of False Lawsuit.The classification of the type of False Lawsuit Crime mainly depends on three standards.Firstly,according to the characteristics of the object of the crime.Secondly,according to the characteristics of the means of action.Thirdly,according to the characteristics of the subjective mentality.In addition,this paper studies the characteristics of False Lawsuit Behavior,deeply researches it from substantive characteristics,studies the necessity of crime of False Action at Law based on the penalty of False Lawsuit Behavior,the disunity of applicable standards in judicial practice,and other characteristics,deeply analyzes the constitutive elements of the crime of False Lawsuit and defines the relevant concepts,makes a related discussion to the "fabricated facts","civil action" and whether "concealing the truth" included in "false action at law",and makes these definitions have an accurate qualitative in judicial practice.This paper also makes a related discussion of single objects and complex objects to the object of Crime of False Action at Law,makes the crime of false lawsuit at law has the value of independent crime through making a related discussion for Crime and Non Crime,This Crime and Other Crime of False Lawsuit Crime.In Crime and Non Crime,the general false behavior in the crime of false lawsuit and civil action are firstly distinguished because there is a qualitative distinction between the seriously social fatalness of the crime of false lawsuit and civil action.Additionally,the crime of false action at law should be consequential offense.When the judicial order is seriously damaged and the legal rights and interests of others are seriously damaged,the crime of false lawsuit can only result in consequential offense.This paper makes a relatively detailed analysis to various forms of cessation that may appear in ceasing appearance of the crime of False Lawsuit,carries out a systematic proof to the accomplice in False Lawsuit Behavior from the case to the case,carries out a related discussion to imaginative joinder of offenses and other forms of crime that emerge in the False Action at Law,and demonstrates the rationality of the value of crime in False Lawsuit Behavior,thereby having a clear definition of the crime of False Lawsuit,and providing a new angle for researching False Lawsuit Crime.