Research On The Crime Of False Lawsuit

With the high-speed development of market economy,the pursuit of economic interests continue to increase,leading to false lawsuits occur more serious,not only the country and the others' legitimate right is aggrieved,but also dissipate national judicial resource."People's Republic of China criminal law amendment(nine)" the introduction of the false lawsuit by law stipulated in the criminal law,but because of the additional charge,so the corresponding judicial interpretation and relevant provisions have yet to be equipped,resulting in judicial practice on the crime of false litigation problems existing standards,the crime are not how to identify and apply,especially in the face of real life in all kinds of false litigation case,the application of the law is a big problem.Therefore,before the introduction of formal judicial interpretation,detailed and explore the crime of false litigation has a very far-reaching significance and important practical value.This article is divided into four sections,chapters main content is as follows:Chapter one overview of the crime of false litigation.This chapter starts with the concept of false litigation,the characteristics of the crime of false litigation,the status quo of the domestic and international legislation,and then analyzes the necessity of establishing the crime of false litigation.The second chapter is the characteristics of the crime of false litigation.Combining with the case of false litigation,this chapter analyzes the object of the crime of false litigation,the objective aspect of crime,the subject of crime and the subjective purpose of crime,and focuses on the objective aspect of the crime of false litigation.The third chapter is the judicial determination of the crime of false litigation.This chapter mainly from the judicial application of the crime of false litigation,closed related cases,the number of forms of joint crime and crime of false litigation limit,crime and other crime false lawsuit,that analyzing the problem of false litigation crime standard.The fourth chapter is the perfection of the crime of false litigation and the crime of false arbitration.This chapter mainly aims at the crime of false litigation legislation and the existing problems,and puts forward suggestions for the improvement of the crime of false litigation,and for the existence of false arbitration,it is proposed in the form of legislation to improve the crime of false arbitration.