On The Crime Of Fraud Litigation

In recent years,the number of fraud lawsuits has been increasing rapidly.The reason is the behavior of drill legal loopholes,at the same time,China's market economy is still not perfect,the fraud lawsuit behavior at very low cost,for their own interests,damage the legitimate rights and interests of others,but also disrupt China's normal judicial activities order.These acts not only disrupt the market order,but also contrary to the principle of good faith.In order to curb this behavior,the NPC Standing Committee added the crime of fraud litigation.The establishment of this crime can better protect the legitimate interests of citizens,to crack down on fraud litigation.Conducive to the establishment of good faith in society,so as to make the market economy more orderly.Because of the implementation of the crime of fraud in less than a year,just like a newborn baby,it needs to continue to develop and improve the process.On some issues,there are different opinions in theory and practice.This requires us to study and explore.This thesis is in reading a lot of books and periodicals,absorbing the achievements they benefit,discusses the constitutive elements of the crime of fraud litigation,and lack of objective and comprehensive discuss fraud lawsuit in the legislation and perfect the way,so as to provide reference in judicial application.this thesis consists of four parts.The first part: introduction,this part introduces the purpose and motivation of writing,research content and key points,research status at home and abroad,research methods.The second part: the concept of the crime of fraud litigation.This thesis introduces the concept and characteristics of fraud litigation and the necessity of the legislation of fraud litigation.The constitutive requirements of the crime of fraud litigation(four elements).The object of crime,disrupting the judicial order or infringing upon the legitimate interests of others.The objective aspect of the crime,fabricating facts and Instituting Civil action.The subject of crime,including natural persons and units.The plaintiff,the defendant,the third party,the outsider,the judicial personnel.Subjective aspect of crime.The third part discusses the judicial application of the crime of fraud litigation.The principle of the application of the crime of fraud litigation,the basic principle of legality and suiting punishment to crime.The criminal pattern of the crime of fraud litigation.The crime of fraud litigation is the act of crime or the result of the crime,the difference between the way: the destruction of the judicial order and the legitimate interests of others.And the difference betweenthe accomplished and attempted crime of fraud litigation.The relationship between the crime of fraud litigation and related charges.The distinction between the crime of fraud litigation and perjury.The difference between the crime of fraud litigation and the crime of impairing testifying.The difference and relation between the crime of fraud litigation and the crime of fraud.The fourth part: the legislation and perfection of the crime of fraud litigation.The fraud expression of the crime of fraud litigation is not clear,the legal punishment of the crime of fraud litigation is not connected with the statutory penalty of the related crime.Because of its implementation,the theoretical and practical circles need to make continuous efforts to make it more perfect.In this process,the legislature and the judiciary need to make a reasonable explanation,in order to better play the role of the crime.