Researching The Crime Of False Litigation

In view of the current frequent occurrence of false litigation,false litigation cases are becoming "headache case" troubled by the courts.The situation is becoming more and more serious.Just relying on the existing criminal law is not enough to regulate false litigation.Such cases directly undermine the judicial order,blocking the economic development.Before the introduction of the amendment,the theoretical and judicial practice has not yet formed a consistent awareness.False litigation is being regulated a crime in "Criminal Law Amendment(ix)".This paper analyzes the related issues of false litigation crime,which is divided into three parts.The first part is mainly about the overviews of false litigation.First of all,it introduces the different views of the theory on the concept of false litigation.By analyzing and comparing the false litigation,it means that the litigants carry out a false legal dispute in the civil litigation.In civil litigation they provide false evidences or conceal the truth and so on.Such behavior hinders the well-organized judicial order.Litigants acquire the trust of the people's court's trust.The court's ruling is beneficial to their own,but against the rights and interests of others.After the concept of false litigation,depending on whether the litigants will be collusion,it can be divided into collusive false litigation and non collusive false action.The intention of the type of division is easy for the judges to identify the false litigation.Secondly,the legislation of the false litigation is analyzed.In the 1990 s,legislation did not anticipate the development trend of false litigation,so the false action was not considered.To a certain extent,the different judgments prompted the introduction of the national provision.Combing the history of legislation is to better understand the background of false litigation.Finally it is compared with the legislation of false action both at home and abroad,and it is found that the regulation mode of our country is different from the German and Japanese models,but it is same as the Italian modal.The clause is divided into four sections,and it regulates false action respectively from different sides,from the constitution elements to thejoint offence.It has intuitive and clear description of the crime of false litigation.The second part analyzes the constitutive elements of false litigation.The part has four aspects.In terms of the object of the crime,the scholars have a great deal of ideas.According to the possibility of each object being infringed and the primary and secondary order of the criminal law protection,the judicial order is primary object,and the legitimate rights and interests of others is secondary object.The objective aspect mainly refers to the false legal dispute in civil litigation.The litigants fabricate false evidences to tamper with the main truth or conceal the truth."Conceal the truth" that is not to do.The dangers of concealing the truth are equivalent to the dangers of being done,so concealing the truth can be included in the fabricated facts.Natural persons or units can implement false action and constitute the crime of false litigation.The subjective intention is intentional,and the purpose of illegal possession can not completely cover the subjective psychology of the litigants,and therefore it does not require the purpose of illegal possession.Anatomical elements can be more clearly understand the crime of false litigation,but also in practice to better identify which acts constitute a crime.The third part focuses on the judicial determination of the crime of false litigation.First it clearly define the crime and non-crime,boundaries the crime of false litigation and others.Whether an act can constitute a false action crime,the following steps could distinguish.The first step depends on the field of litigation.If the case involved in civil litigation activities,it may be a false litigation.The second step counts on the nature of the litigation.If the prosecution is a real litigation,then the case there is no possibility of false litigation.That is,based on the field of litigation and the nature of the litigation,they can distinguish false action easily.Secondly,it discusses the criminal pattern of false litigation,which should be evaluated as consequential offence.Only to obstruct the judicial order or seriously infringe upon the legitimate rights and interests of others constitutes a false litigation.It is noteworthy that the amendment does not specific provisions.It does not regulate the degree of damage,the degree of infringement.And then the part explains the attempted crime,preparation for a crime,discontinuation of crime.Finally,combined withthe case the paper analyzes the joint offence situation of the crime of false litigation.