Research On The Crime Of False Litigation

False lawsuits not only result in the waste of judicial resources,but also seriously damage the authority and credibility of the judiciary,it often accompanied the consequence that it will seriously damage legal rights of others.Before the crime of false lawsuit was established,there was a great deal of controversy between the theoretical and practical circles about the criminal regulation of false lawsuits.In order to curb the spread of false lawsuits,the legislature has established false lawsuits in criminal law.The provision of false lawsuits more accurately reflects the behavior of various false lawsuits in practice and the characteristics of legal interest infringement.Judging from the provisions of the criminal law,the composition of the crime of necessary object is judicial order.The fabricated facts in crime need not be total falsity,but they must be the relevant facts judged by the judges.The act of concealing the truth conforms to the objective behavior of fabricating facts and is one of the manifestations of the crime.The "institutional proceedings" in this crime shall include special procedures such as the declaration of disappearance and the declaration of death.The arbitration procedure and the notarization procedure do not fall within the scope of a civil action,but the actor has fabricated the arbitration and the notarization cause and applied the erroneous arbitration and notarization result to the people's court for enforcement,this is the scope of the "institutional civil action" of the crime.There is no material difference between criminal incidental civil lawsuits and civil lawsuits,therefore,criminal incidental civil lawsuits based on fabricated facts can also be criminally investigated according to the crime.The defendant filed a counterclaim may also constitute the crime.There is no doubt in practice that there are cases where administrative proceedings have been brought up by fabricated facts,however,because the criminal law expressly confines the area in which this crime occurs to the civil litigation field,therefore,the act of filing an administrative lawsuit based on fabricated facts cannot be recognized as a crime.As a perpetrator of a crime,the perpetrator concocted false facts and filed a civil lawsuit.The court accepted the case and reached the status of the crime.When distinguishing between the crime and the non-crime,attention should be paid to the regulatory boundaries of the criminal law and the civil procedure law,for the plot,the behavior that is significantly less harmful is less serious,and should not be treated as this crime.Judgment of whether this guilt is serious should be combined with the actor's means,subjective purpose,number of times,and consequences.If the offense is accompanied by violations of property crime or obstruction of justice class crime,it shall be dealt with in accordance with an imaginative joiner of offense,and shall be given punishment in accordance with the heavier penalties.Forged documents or seals in order to implement this crime belongs to the implicated persons of the typed means and the objective behavior,this can be punished with a heavy one.In a civil lawsuit,the defendant,other participants in the proceedings and judicial staff may be the accomplice of the crime.