Research On The Judicial Application Of The Crime Of False Litigation

The rapid development of economy and the improvement of right awareness have lead to the sharp increase in the number of civil litigation.Litigation should never be a tool for seizing the interests of others.In practice,the act of evading debt or seeking unlawful interests through false litigation occurs in large numbers.On the one hand false litigation damages the legitimate rights and interests of others,on the other hand it makes the judicial resources wasted and increases the pressure of judicial organs.In 2015,the Criminal Law added article 307 called the Crime of False Litigation in the form of an amendment.Setting up the Crime of False Litigation will curbs the false action in reality.However,due to the late establishment of the Crime of False Litigation,relevant regulations is poor.The academic community still has a lot of controversy in how to understand and apply the article 307.It provides a legal basis for practical departments handling related crime.But article 307 can not completely solve the academic debate on the scope of the concept.Therefore,the doctrine of law requires the analysis of the crime constitution and the concrete behavior of the Crime of False Litigation.At the same time,judiciary do not form a unified standard about cognizance of the Crime of False Litigation,and it will ultimately lead to the serious phenomenon that the treatment results of the same type of cases are different.Under the current background,there is an urgent need to make a detailed discussion on the Crime of False Litigation.In particular,we need to make distinction with related crimes such as fraud and civil tort between the Crime of False Litigation.In a word,this thesis aims at the current situation of the legislation and the judicial of the Crime of False Litigation.And thereare meticulous discussion on the nature of the Crime of False Litigation,the constitution of the crime and other large controversy of the judicial cognizance,which including the coincidence?implicated offense and accomplice issues of the Crime of False Litigation.By writting this thesis,I want to provide reference for the judicial organ.