The Understanding And Application Of False Lawsuit Crime

With the rapid increase in the cases,false lawsuit has gradually highlighted and has the more intense trend with increasingly diverse forms,which has very bad impact on the rule of law construction process.In order to effectively curb the gradual inundating false lawsuit,the legislators added the false lawsuit crime in the Amendment(IX)to the Criminal Law of the People's Republic of China,which attempts to pose criminal regulation on the dishonest lawsuit action.Upon the comparison of the law regulation on the dishonest lawsuit before and after the newly added crime,the author finds that the criminal regulation is far from enough,and judicial application comes to difficulties.After careful analysis,the author finds that the reasons for this are that the legislative abstraction results in the unclear incriminating standards and the lack of procedural regulation results in the unsmooth connection between the civil law and the criminal law.As for the above-mentioned reasons,the author proposes his own opinions and suggestions in combination with the legislation spirit,purposes and the essential feature of the false lawsuit crime,hoping to be conducive to the judicial activities of criminal regulation on the false lawsuit.This thesis is composed of five parts.Part One Comes to the conclusion that the understanding and application of the false lawsuit crime still exists certain problems and the applicable rate is not high upon the comparison of the law regulation on the dishonest lawsuit before and after the newly added crime in the Amendment(IX)to the Criminal Law of the People's Republic of China.Part Two analyzes the specific difficulties encountered in the judicial application of the false lawsuit crime.The first is that the legislative abstraction results in the unclear incriminating standards,which brings some difficulty to the law application.The second is that the lack of procedural regulation results in the unsmooth connection between the civil law and the criminal law.Part Three,as for the difficulty of the application that the legislative abstraction results in,first elaborates the necessity for clarifying the language meaning of the false lawsuit crime,then clarifies the language meaning of the articles of law as for the different opinions in the theory circle and the practice circle as well as the legislation spirit and the essential feature of the crime and finally concludes the proper meaning of the language of the crime according to the analysis and proposes the suggestions for the improvement of the language of the false lawsuit.Part Four proposes the relevant opinions as for the issues in the lack of the procedural regulation in the connection between the civil law and the criminal law after the detection of the false lawsuit action in the civil cases and in combination with the general regulation of the law in the report,investigation and jurisdiction and from the perspective of the timing,subject,investigation organs and jurisdiction courts of initiating the criminal prosecution procedure.Part Five is the conclusion,pointing out the research on the status quo of the false lawsuit action and the significance of writing this thesis.