On The Legislative Interpretation And The Judicial Determination Of The Crime Of False Lawsuit

The Amendment to Criminal Law of the People's Republic of China(9)will file a civil lawsuit for fabrication and incriminate the behaviors of breaching the judicial order or infringing on the lawful rights and interests,which further perfects the crime of obstructing justice and marks the confirmation of the crime of false lawsuit on the legislation.To strengthen the research on the crime of false lawsuit can deepen the understanding of the crime of false lawsuit and the related crimes of obstructing justice in theory and can help to distinguish other related crimes of obstructing justice in judicial practice so as to accurately identify the false lawsuit,then it can correctly apply the law and conform to the criminal justice idea of punishing the crime and protecting human rights.Except for the introduction and conclusion,the body part is divided into four parts.The first part analyzes the crime of false lawsuit from the aspect of legislation.First,it simply introduces the concept and legislative background of the crime of false lawsuit.Second,it introduces the necessities of the crime of false lawsuit to be an independent accusation.The false lawsuit trend is increasing,not only causing damage to the lawful rights and interests of the parties and increasing the workload of the people's court case,but also diverting the energy of the people's courts,hindering the effective operation of the limited judicial resources in solving social disputes and resolving social conflicts and causing nuisance to the judicial order.Also,the regulation of civil and administrative responsibility can hardly stem the spread of false lawsuit behavior and even present a different form due to the emergence of the false litigation.Setting an independent accusation in the criminal law regulation for false lawsuit is practically needed.Third,it introduces the legislative orientation problem of the crime of false lawsuit,mainly including three aspects: the aim,the position in the criminal law system and the inner logic of the crime of false lawsuit.At last,it combs the legislative history of the false lawsuit behavior regulation,figures out the process of the crime of false lawsuit in the perspective of the history analysis method and makes the theoretical research more adaptable to the actual need of the social development.The second part mainly analyzes the criminal objects of the crime of false lawsuit.Two criminal objects of the crime of false lawsuit,the judicial order and the legal rights of others',and the connection between the two criminal objects and the crime of false lawsuit will be introduced.In addition,it will introduce the significance of distinguishing the crime of false lawsuit from other accusations.The third part mainly analyzes the objective respect of the crime of false lawsuit.There are three objective respects of the crime of false lawsuit,harmful act,harmful consequences and the causation of criminal law,will be analyzed by combining themselves and the crime of false lawsuit to make the three objective respects clear.The forth part aims at introducing the judicial determination of the crime of false lawsuit based on the analysis in the previous paper.First of all,it clarifies the cognizance of being crime or not of the false lawsuit behavior and mainly interprets the social harm of false lawsuit behaviors and the responsibility of the actor from the perspective of the consistent principle of crime and responsibility and penalty.And then it discusses whether the false lawsuit behavior should be evaluated by the false lawsuit crime regulated by the penal code.Second,it introduces the distinction between false lawsuit and other crimes from this crime to another,further deepening the understanding of the false lawsuit.Moreover,it clarifies the punishment of the false lawsuit.Different punishments to natural person,unit and judicial personnel in judicial practice are interpreted,including the quantity of the crime related to false lawsuit behavior.Finally,it clarifies the range of the time application from the retrospective perspective.All of the comprehensive factors provide a way to the judicial determination of the crime of false lawsuit.