The Criminal Law Regulation Of False Litigation

Honesty and credit are the traditional virtues of our Chinese nation,and national judicature is the last barrier to the maintenance of justice and justice.For a long time,because of the lack of the current social credit and law is not perfect,a lot of people to implement the false lawsuit behavior in order to seek his own interests.False litigation is especially prominent in civil cases,and more serious,which not only infringes upon the rights of the defendant and the third party,but also indirectly destroyed the social honesty and credit system,impede the normal judicial order of the state,a serious waste of limited judicial resources,damage the judicial authority.People's Republic of China amendment to the criminal law in our country in 2015 promulgated a new "(nine)" in the provisions of article thirty-fifth of the false lawsuit,the false lawsuit behavior into criminal law norms to be regulated,provides direct legal basis for the crack down on false lawsuit.In addition to the introduction and conclusion part,this paper is divided into four parts.The main topic of this paper is discussed in detail.The first part is the summary of the false lawsuit Starting from the concept,the different definition of scholars,put forward their own ideas.The characteristics and current situation analysis of China's false lawsuit,summed up the false lawsuit introduced a high incidence area of the objective reality of our country to a qualitative false lawsuit The criminal law regulation profiles of representative countries,learn the legislative experience.The second part from the four elements of the crime constitute classic theory,mainly a detailed analysis of crime in the criminal law on the crime of fraud litigation,from four aspects of series is discussed,namely crime subject,subjective,object and objective aspect.The third part deals with some problems in the judicial practice of the crime of false lawsuit.It includes the definition of crime,the definition of attempted crime,the treatment of crime number and joint crime,and probes into the relevant situation of false lawsuit.The fourth part of the evaluation of legislation of criminal law amendment nine new false lawsuit Analysis of the new false lawsuit legitimacy and rationality,and puts forward some suggestions to perfect the false lawsuit,such as to conceal the truth in the false lawsuit crime behavior,with the judicial interpretation for serious to be clear.