The Research On The Crime Of False Litigation

The false lawsuit phenomenon become more and more serious.After soliciting advice from all sides,the standing committee of the National People's Congress add the false lawsuit and pass “criminal law amendment(9)on august 29,2015.It is necessary to add False lawsuit separately into the crime.First of all,false lawsuit behavior has serious social harmfulness.Not only damages the justice and authority,but also do harm to the legitimate rights and interests of others.What is more,criminal law in 1997 lawsuit in the false behavior regulation.Theoreticians have different opinions on qualitative.Therefore,adding false litigation separately into law has practical significance.The crime of false action is choice object,It hinders judicial regulation of our country and damages the legitimate rights and interests of others.It behaves like civil lawsuit with fabrications.Disrupting the judicial order or seriously infringes on the lawful rights and interests requirement is the element.Meanwhile,Individuals and companies can act as the subject of false action.Besides,Crime is directly intentionally subjective aspect.At first,it is important to distinguish between the boundaries of a crime or not a crime.“Breach of judicial order or seriously infringes on the lawful rights and interests” must have a degree measure.It reflects the amount of economic losses,the number of false action or some mistakes which lead to the written judgment.Secondly,we must distinguish among false litigation crime and fraud,perjury.Meanwhile,we should separate the detriment of the witness crime and the crime of false accusation from false litigation crime.As for false action,the suspended situation of the intentional crime must be accurately grasped.First of all,crime could be comprehended the false litigation crimes in different phases of criminal forms,mainly including crime preparation,suspension,attempted and accomplished.Otherwise,the common crime of false litigation and crime number question should be managed.Furthermore,the false litigation concurrence of crimes should be solved correctly.