Research On False Lawsuit Institution

In recent years, a lot of false litigation cases have appeared in many areas of China.It has not only violated the legitimate rights and interests of others seriously, but also brought great harm to the normal operation of the judicial order. To conform to the development of the times and meet the needs of the judicial practice, the "criminal law amendment (nine)",which was passed in August 29th,2015, has added a new accusation that called false lawsuit crime in the provision. It is bound to take positive effect on curbing the ever-increasing false litigation. Due to the setup of this new accusation, the new problems and situations in the judicial practice emerge one after another, but the practical experience is still lacking. In order to understand and grasp the new accusation,I will start from the definition of false litigation behavior to explore the understanding and identification of the false lawsuit crime in the judicial application. As well, I'll put forward some suggestions for its improvement.This paper is divided into four parts. In the first part, through the discussion of the definition of false litigation and related concepts, the definition of false litigation behavior is defined. In the second part, I focus on the analysis of the facts about the false litigation crime of "criminal law amendment (nine)", and the possible problems may appear in the practice of this provisions are discussed. In the third part and the third part I mainly focus on the identification of the establishment of false lawsuit and its accomplished offence. And put forward some suggestions on the relevant provisions of the false litigation to perfect them.In this thesis, I have summarized the existing research results and proposed confusion and thinking about the application of false lawsuit crime in practical work. I have theoretically clarified the applicable scope and objects of this charge and provided some feasible suggestions to improve the relevant provisions, in order to serve the judiciary better and combat the crime.