Empirical Research On The Criminal Regulation Of False Litigation

As a kind of pathological litigation behavior,the false lawsuit seriously disrupt the normal judicial order and infringes on the legitimate rights and interests of others.It also causes the serious waste of precious judicial resources in our country,eroding the judicial credibility.False litigation with the rapid development of our country civil action and become part of a variable.Although our country has been taking the high pressure situation of the false lawsuit behavior,carry on the severe blow,the effect is not ideal.The practice of false litigation is repeatedly forbidden,and it is difficult to improve.After the false litigation is written into the criminal law,the new normal of the legal action of the false lawsuit is entered into the joint force.In this context,this article mainly studies the false lawsuit cases,explores the doubt and difficulty in practice,and hopes to put forward the path of regulation from the perspective of practice,so as to more pertinently deal with the rampant spread of false litigation.In addition to preface and epilogue,this paper mainly discusses from five parts.The first part traces the source of false litigation.This part mainly starts from the actual harm of the false litigation.It has the serious harm of infringing the legitimate rights and interests of others,wasting the judicial resources,eroding the judicial authority and hindering the construction of the rule of law.Therefore,it has the necessity of regulation and the reality of the hard blow.Secondly,the author studies the legal and practical reasons of false litigation.As an umbrella for the rights of citizens,the right of appeal is abused as a tool by some illegal profit-seeking people.Civil litigation inherent features,such as pay attention to the antagonism between the two sides in the adversary model,as well as the reality affected by level of court mediation and the lack of focus on some avowed legal relationship review a variety of factors,such as the basis of these factors each other impression,cause false litigation the malformed freak.In the second part,the connotation and extension of the false litigation are clarified.Article mainly discusses the academic and practice of some related concepts,to distinguish between "false litigation","litigation fraud","litigation fraud" and other commonly used concepts,and within the scope of this paper studies on the relationship between the three.Then the article from the "false" and "action",the extension of the tamper with the part whether belong to the false behavior,"false"include "concealing facts" this behavior,whether must be malicious collusion between parties,the extension of civil litigation include such key problems as the arbitration.It is clear that there is no need for malicious collusion in the false lawsuit,so long as the civil action can be brought against the false facts,the civil action shall be limited in explanation,not including arbitration,fairness and other procedures.The third part makes an empirical study on the sham litigation.The article starts by sorting out some of the relevant prescriptive documents for the fake litigation,and these guidelines and regulations are provided by the judge in the process of dealing with a false lawsuit case.But it can also be seen that there is a confusion of content,and there are often different approaches to the same problem.Secondly,the paper summarizes the false lawsuit before and after the establishment of the false lawsuit crime,mainly studies the practice and the main basis and the existing problems.Lawsuit against false article after this crime was sentenced to the crime of false action,summarized the cases,respectively from both sides whether collusion,false action type of civil cases involved and the stage of the crime of false action.This article has found that the formation of false litigation in practice doesn't require the litigants to collude,the main event is the area and the performance,the characteristics of the various states.The fourth part of the article analyzes some elements of the crime of false lawsuit and briefly put forward to further improve the path of regulation.It mainly focuses on the relevant difficulties encountered in the false litigation in practice,and studies the criminal object of the crime of false litigation,namely,the protection is the complex legal interests,in which the judicial order is the main legal benefit.This crime criminal pattern should be made as a result,for breach of the judicial order to achieve reasonably to make crime of false action,as for fairly from the substantial interpretation,combined with the specific case,respectively.The standard of this crime should be interpreted in a substantive way,and the "obstruction of judicial order" should be the judicial practice with substantive content in the court,and to a certain extent.Faced with the characteristics of difficult identification and concentration in the field,China should set up a comprehensive different angle sanctions system.We need to carefully to start the criminal prosecution procedure,for example,for at the trial found that a false litigation and judgment comes into force found false action should be taken different mode of prosecution,second,we need to play to the functions and powers doctrine function,finally,we need to speed up the establishment of a social credit system,etc.The regulation of false lawsuit needs to strengthen the linkage effect between civil and criminal.In order to curb the spread of injustice,we must punish the false lawsuit under high pressure.