Study On Crime Of Fraud Litigation

With the rapid development of society and economy,a lot of unavoidable disputes arise.Therefore,litigation has become the common way to solve these problems.There are two issues coming out as the civil cases accumulate.One is that the judicial resources are inadequate to the increasing lawsuits.And the other is the issue of fraud litigation,some litigants infringe legal rights of others or hinder judicial orders to achieve the illegal interests which violates the principle of honesty and credibility.The above constitutes the crime of civil fraud litigation.Enacted in August 29,2015,the PRC Criminal Law Amendment(9)added a new item in Article 307 regulating the crime of fraud litigation.It writes,File a civil lawsuit with fabricated facts resulting in the obstruction of judicial orders or the infringement of others' legal interests should be sentenced to lower than 3 years imprisonment,penal servitude or surveillance with penalty imposed by itself or combined;in the case of gross violation,should be sentenced to 3 to 7 years imprisonment with penalty imposed combined.The unit committed the crime aforesaid should be imposed penalty,and the person in charge directly and others responsible should be punished as the preceding term.Whoever committed the above-mentioned acts occupies other's properties illegally or avoids the legal debts of themselves composing other crimes,should be sentenced in the severer name of crime with heavier punishment.Judicial offices taking the advantages of their authorities to commit the crime along with other people should be gave a severer punishment;if other kind of crimes be committed at the same time,should be sentenced in the severer name of crime with heavier punishment.Despite the expressly legal provision,there still exists the question of ambiguity and inaccuracy,such as the concept of civil litigation,the scope of civil litigation,the understanding of fabricate and whether the act of subreption is one approach of fabricate.This thesis tries to analyze the above questions in five parts.The first part of this thesis makes a complete and systematic analysis on the concept of fraud litigation and the characteristics of fraud litigation before the enactment of the PRC Criminal Law Amendment(9).At the same time,this thesis attempt to reveal the nature of this crime by analyzing court cases concerned.The second part explains the criminal constitutive elements of the fraud litigation.The pattern of this crime describes as file a civil case with fabricated facts,as a result,the different party involved in a case is in need of classification like the plaintiff as the litigator or the collusion of the plaintiff and the defendant.Also,the negative defendant should not be deemed as the subject of this crime.For the objective element,this essay starts from the concept of civil procedure takes the scope of penalty into concerned.The third part studies the suspended foams of crime,the standard of differentiating behavioral offense and consequential offense lies in the substantial violations of legal interests.The fourth part shows that the expression for the article of this crime seems to be contradict and inconsistent.And the legal penalty from under 3 years to 3years to 7years is not adaptable to the reality of the crime committed.The last part suggests that the power of investigation should be hold by the People's Procuratorate and situations for start a criminal prosecute to better facilitate the cooperation and supervision between people's court and the procuratorate.