On The Construction Of Criminal Punishment Mechanism In False Lawsuits In China

On August 31,2012 new civil procedure law through practice the case, it will be the honest credit principle as the basic principle of civil procedure action, and in article 112 and article 112 for false litigation, if the case constitutes a crime, shall be investigated for criminal responsibility according to law. The provision of false litigation problems pointed out the direction of criminal law, and lawsuit against false behavior should be convicted,however, how to punish, did not make clear rules.The existing laws and judicial interpretations and legal practice of criminal law regulation of false litigation action is chaos. So this article uses the literature research, comparative research and case analysis and other methods for false litigation, criminal law regulating to safeguard the legitimate rights and interests of citizens and the judicial authority is of important theoretical and realistic significance.In this article, through analysis, think always false action criminal law regulation of the false legal practice and theory fails to act properly, the criterions for the conviction of false litigation shall be independent conviction. About the accusation for conspiracy to defraud the civil judgments or written orders, lawsuit mediation agreement, the arbitral award.The subjects of this crime is a regular.Is directly intentionally subjective.The object for the normal order of civil lawsuit activity, outside the third person's property and non property interests.Objective aspect for malicious collusion, false facts, concealing, diddle court judgments or written orders in civil cases, litigation conciliation statement, arbitration award. The basic law prescribed to be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.The aggravated legal sentence the highest can be sentenced to life imprisonment.It shall be the behavioral offence, conditions for its violation of several charges should be adopted in the punishment principle of punishment.Full text total of more than 20000 words, is divided into four parts in this paper The first part, the perspective of false litigation, this part firstly to false, malicious litigation, litigation fraud and abuse of litigation to several concepts?In order to make clear the suit to please the false litigation concept.Secondly, combined with the provisions of the lawsuit against false litigation., defining the legal relationship of false litigation, for the following discussion.Finally, this paper discusses new civilian litigation to false litigation proceedings into the meaning of the sentence.The second part, analyze the always false litigation criminal law regulation, put forward by new civil procedure in the perspective of the predecessors' ideas about how false litigation the conviction,mainly analyzes the academic circles at present more popular fraud, extortion, innocent, said only the problems existing in the theory of criminal punishment means.The third part, the necessity and feasibility of false action in separate sin,First of all, is to analyze the problem of false violations in criminal law is not specific regulation, before the judge in our country in the method of false violations will continue to build the defects.And now China's judiciary to false violations of the deficiency of criminal punishment as well as to the connection with the influence of different to cause the behavior, prove the feasibility of this false lawsuit into sin.Secondly, from the Angle of comparative law to explore Singapore, Italy, the two countries the provisions of the crime of false litigation separate to provide reference for the independence of the false action into sin.The fourth part, mainly discusses an independence of the false litigation into sin, about the accusation, constitutive requirements, penalty discretion, one crime and several crimes, and so on and so forth.