Research On The Problem Of False Litigation

It's human nature that men have the tendency to gain profit.In this case,men sometimes cheat the judge by using false facts and evidences just to gain the most profit.Because of lacking a strong regulation means,it is often seen that men use false action to gain illegal profit,the purpose of criminal procedure is to protect the legitimate rights,but these men's behavior not only causes serious damage to the entire market economy,but also do harm to the legal system,which has lots of social perniciousness.In the form of case disputes,the paper analyzes the law and views of many scholars,taking the point of traditional criminal constitution as the breakthrough point and discuss them in detail.I hold the point that the subject of the crime of false litigation can't be limited to the people who take in a civil procedure,other participants or outsiders could also be the subject.Because the author is engaged in criminal prosecutorial work,this paper based on judicial practice,analyzes the problems existing in the judicial prosecution.First from the public security organ for false litigation sin start difficult criminal proceeding,the public security organ was analyzed and verified in the prosecution of the crime problem and based on the experience of many years engaged in procuratorial work,the author boldly put forward by procuratorial organs prosecution for false litigation sin's point of view and sums up the procuratorial organs against false litigation watchdog role in crime in the judicial practice.On the judicial application of the false lawsuit,the crime of fraud and the crime of fraud are expounded.The crime of false lawsuit is analyzed by means of the criminal law theory of imagination and implication.Then,the author analyzes the crime pattern of this crime,lists the different theories of this problem,and puts forward the author's opinion on the danger.Soon because it is written to the criminal law,with the deepening of the judicial application and upgrade the way of crime,exposed the problem will be more and more,the author hopes this article can in understanding and applying the affidavit to the judicial workers provide certain reference.