Research On The Criminal Form Of The Crime Of False Litigation

With the development of civilization of social economy in the unceasing progress,people’s ideas are changing,from the previous "fear of litigation","tired of complaints" to now many people began to "appeal",even as their tools of crime litigation,in order to achieve the purpose of their illegal.As the last line of defense for the protection of civil rights,the criminal procedure takes it as a tool to obtain illegal interests,which is a violation of the judicial authority of the state.In order to false lawsuit behavior into the scope of legal punishment,"People’s Republic of China criminal law amendment(nine)" one of 307 th will be written in the criminal law litigation fraud in criminal law,solve the lack of strict regulation of the phenomenon of false litigation behavior.In this paper,based on the crime of false lawsuit,based on the existing theories at home and abroad,the criminal form of false litigation is studied and analyzed.The main content of this paper is divided into the following sections:The first chapter: to analyze the current situation of false litigation,based on the concept of crime,constitute the crime of false litigation,from the perspective of the crime of false litigation,combined with the relevant regulation of the outside areas,comprehensive study of the false lawsuit.The second chapter: Research on the crime of false litigation itself,to study the false lawsuit behavior theory combined with the result of conflict elements,and to study the special type of false violations of property litigation and non againstproperty false litigation problems respectively from different types of crime.The third chapter: this part focuses on the incomplete form of false litigation,and studies the attempted form,preparatory form and suspended form of false lawsuit respectively.Analysis of each incomplete form of composition,to distinguish them,combined with case studies on the special form of false litigation should pay attention to the problem.The fourth chapter: on the basis of analyzing the false lawsuit behavior form,based on the legal provisions of the extension of the important concept of analysis,combined with China’s criminal policy of combining punishment with leniency of false litigation unfinished form of punishment to false lawsuit in judicial practice is more practical,so effective punishment.