Releated Studies About The Crime Of False Litigation

False lawsuit behavior had discussed in our civil law theory,but the false lawsuit behavior and false lawsuit behavior and criminal law from the perspective of the civil law in civil law is different,how to focus on avoiding behavior of a party through improper means to infringe upon the lawful rights of the civil litigation,in order to realize the fair principle of civil law the focus of the criminal law and the protection of social relations and on crimes against,therefore,also has an important significance to study the false lawsuit behavior through the view of criminal law,is a separate crime has an important theoretical and practical significance in the criminal law and the false lawsuit behavior.The provisions for the false lawsuit behavior of extraterritorial law,we can find that the provisions of the criminal litigation fraud is different,some countries have made detailed provisions for the false litigation behavior in some countries such as Spain,the provisions for litigation fraud are relatively rough,such as Germany,Japan,for the different processing methods of criminal law false litigation behavior,and each country specific criminal law theory and legal practice have a great relationship,this paper argues that China's false lawsuit alone into the treatment of crime and the criminal law in our country at present development situation is basically in accordance with the provisions of the criminal law of our country relatively,but also not detailed enough,so will there are a number of amendments to the criminal law to improve the relevant provisions of criminal law,provisions for the crime of false litigation is the amendment of the criminal law One example of the perfection of criminal law.In the "criminal law amendment(nine)" before the promulgation of regulations,criminal law theory for false lawsuit behavior set a variety of programs,but the essence of most schemes or trying to through the false litigation behavior into other crimes,in order to combat false action.The provisions of the criminal law amendment(nine)for the crime of false litigation adopt the theory of criminal law,which is independent of the theory of crime,and make detailed provisions on the false action through the provisions of the four criminal law.Therefore,through the deconstruction and analysis of specific provisions,to achieve a deeper understanding of the crime of false litigation is also a major task of this paper.We only have to false lawsuit have a comprehensive and profound understanding of the implementation of specific cases,the judicial identification should be based on the false litigation,the judicial determination of the crime constitute the third part of this paper writing,for the study of judicial identification of false lawsuit is the focus of related false lawsuit theory,only through the judicial process to achieve a false the crime of litigation the transition from theory to practice,into socially useful power.The main problem of judicial cognizance of the crime of false litigation is to distinguish the crime of false litigation and other related charges.The last part of this paper is the inadequate provisions on the crime of false litigation in criminal law,provide the corresponding legislative proposals and the false lawsuit changes,such as the development of the relevant judicial interpretations,the establishment of social credit system,making record punitive measures and so on,in order to realize the regulation for the biggest false lawsuit.