Qualitative Research On Litigation Fraud Cases

The ninth criminal amendment is officially promulgated on August 29, 2015. Before that, in the theoretical circle on qualitative of litigation fraud is controversial, there are mainly four theories, such as not guilty said, crime of fraud, crime of extortion, breach of legal and other sin said. There are the qualitative chaos phenomenon in the judicial practice.The auther combine with three typical cases to analyze the theory of litigation fraud qualitative, there ia a conclusion that no matter adopt what kind of view alone cannot fundamentally to solve the problem of litigation fraud qualitative: although innocence said strictly follow the principle of legality, but it escape the social harmfulness of litigation fraud which will result in the situation of litigation fraud intensified; Crime of extortion said actually distorted the extortion behavior structure, it can't make the person convincing. Other crimes that involve many sins,it dose not touch the core of violation of legal rights.Crimes of fraud said cannot evaluate the type of property torts of litigation fraud, it can not qualitative all types of litigation fraud.That is to say that no matter adopt what kind of view alone, it also can not fundamentally to solve the problem of litigation fraud qualitative, it is difficult to achieve for equilibrium.The ninth criminal amendment adds new false litigation, lifted the applicable law in the judicial practice for years, but from the perspective of a stipulation and combining the case analysis, we can see that the provisions on the crime of false action in the standard is not clear, it may affect its purpose of standardize judicial practices, therefore, it need to clarify the boundaries of the crime of false litigation and other judicial, on the basis of further refine standards, prevent the recurrence of judicial practice.