Research On Judicial Application Of False Litigation

The court was originally a place of justice,however,the frequent occurrence of false litigation makes judicial organs and judicial personnel to be a tool for criminals to seek personal gain and damage the legitimate rights and interests of others.Article 307th of the criminal law amendment(nine),which was formally implemented on November 2015,brought the crime of false litigation into the scope of criminal law.It provides that "to seek illegitimate interests,the fabricated facts filed a civil lawsuit against judicial order or serious violations of the legitimate rights and interests of others,three years of fixed-term imprisonment,criminal detention or control,or Single penalty." But the crime of false litigation is a new crime,Whether can it adapt to the nascent environment and how to adapt,and What problems will be encountered in the process of adaptation,all these above worth studying.This paper is divided into five parts.This paper analyzed the crime from the perspective of judicial application of the crime of false litigation.The first part of the article is an overview of the crime of false litigation,introduced the legislative background of the crime and the theory of false litigation,and analyzed the constitutive requirements of the crime of false litigation.The second part analyzed the criminal pattern of the crime of false litigation,including the preparation,start,stop,attempted and accomplished five forms.In the third part of this article,the author discusses the joint crime of false litigation.The fourth part is the analysis of the crime number,the author analyzed how to deal with the crime of false litigation and the concurrence of his crime and other related crimes in the judicial practice.As a new crime,the crime of false litigation has just been incorporated into the criminal law,There are still some defects and deficiencies in the application of judicial practice,The fifth part of the paper x(?)lains the author's point of view on the existing defects,and put forward Some suggestions.