A Study On The Judicial Application Of False Litigation

With the deepening of the construction of the rule of law in our country,the awareness of citizens' rights has been improved and the number of litigation has gone up.However,some criminals have found a new way of making money,that is,through fictitious facts to falsify evidence and other means to use the people's court to win the referee to obtain illegal interests.They are less illegal and costly,which not only hinders our normal judicial order,infringed upon the legitimate rights and interests of others,but also seriously affected our judicial authority and judicial credibility.Because of this,2015 "Criminal Law Amendment IX" in the first three hundred and seventy one of the new "false crime".What is the controversy in the judicial practice,how to define the concept of false litigation,how to determine the crime constitution of this crime,how to solve this crime and the crime of cross-competing relationship and other issues,are worthy of our study.In this paper,the "Criminal Law Amendment 9" newly added charges "false litigation crime" research is divided into four areas:First,by analyzing the legislative background of the crime of false litigation and the legislative process,we can understand the legislative spirit of the crime of false litigation in order to explain the contradiction of the crime,and then put forward the idea of false litigation injustice The problems that may arise in the application;Secondly,by studying the evolution of the concept of false litigation,this paper explores the definition of the concept of fictitious litigation,which is derived from the civil domain,which needs to be criminalized,and then form a unified and perfect definition.By analyzing the false litigation and similar concept in judicial practice,,The difference between litigation and fraud,to help identify the similarity of the concept of crime and non-crime boundaries;Thirdly,through the analysis of the elements of the crime of false litigation,combined with the case of reality to solve the crime of false litigation in the subject of crime,object,objective,subjective aspects of judicial application of controversial issues;Fourthly,by analyzing the causal relationship between the crime of false litigation and other crimes,analyzing the crime of false litigation and fraud,helping to destroy,forging evidence,bribery,and civil torture,the different acts are characterized as different charges,To solve the problem of the crime of false litigation in the application of justice.