Research Of Several Events In Crime Of False Litigation

"The rule of law" has become the melody of constructing socialism country under the rule of law,which is also a necessary requirement.One of the characteristics of a lawful country is that citizens respect law,believe law,keep law,and use law in the lawful social environment.As a legal method,litigation has been gradually accepted and mastered by people,becoming the primary choice of maintaining rights,The concept of "Aversion action" also gradually disappears in people’s minds,and engaging in a lawsuit is no longer a "disgraceful" thing.However,things always have two aspects.Some people who harbor evil intentions regard litigation as tools to obtain illegitimate benefit and make sham litigation.The quantity of false lawsuit is increasing and intensifying.The emergence of sham litigation not only damages the right and interest of the third person,but also causes serious waste of judicial resources and disrupts the judicial order,which is a kind of negative phenomenon produced by our society in recent years.Sham litigation which is confusing seems legal,in fact,it is a blasphemy and has the inestimable harm to our society.Under calls from people from all walks of life,"Criminal Law Amendment VIIII" adds the crime of false litigation.Although this is an exploratory legislation,the judge will have laws to abide by when dealing with false litigation,which is of great significance.This article is divided into five chapters.The first chapter analyzes the concept、classification and features of false litigation to understand what behaviors are the objects that false litigation crime regulates better.The second part introduces the legislative overview of false litigation crime,including the legislative overview of false litigation crime in our country and foreign countries,and brings some experience to our country’s litigation refer to the advantages of regulating false litigation in Germany、Japan and America.The third chapter analyses component elements of the crime of false litigation from the subjective aspect,the objective aspect,the subject,and the object.The fourth chapter expounds judicial cognizance problem of false litigation crime by unscrambling law articles of false litigation crime and discriminating relevant crime ambits.As the last chapter of this article,chapter five first puts forward the insufficient regulation of false litigation in our country.How to understand "false" and "fake" is the key of judging false litigation.However,the judicial interpretation of false litigation crime has not been announced,and the list system of dishonest people in false litigation has not been set up,which makes China have great room to improve on this issue in regulating the behavior of false litigation.Finally the author puts forward some suggestions on regulating the behavior of false litigation in our country for perfection.