Criminal Lawsuits For Litigation Fraud

Fraud litigation occurred mainly in the area of civil litigation, whether this act should be regulated by the criminal law or not, both of the theory and judicial practice have different opinions. For example, the traditional views include innocence and guilty. The theory of guilty includes the crime of against the order of social administration, fraud and extortion and other viewpoints. Articles combine with the studies of typical practical cases, agree with the viewpoint of the crime of against the order of social administration. When the fraud litigation in the law provision is absent, it is reasonable that the viewpoint of fraud litigation is not guilty. But if fraud litigation's conduct is consistent with the crime of against the order of social administration's constitution, that in accordance with the corresponding charges is appropriated. With the promulgation of "Criminal Law Amendment(ix)”, such as the similar fraud litigation cases can be regulated by the crime of false litigation. After the rethinking of the crime of false litigation legislative model, that the proceedings should not regard fraud litigation as fraud and other property crimes. Therefore, we proposed that, when the conditions are suitable, our criminal law should include the fraud in the field of administrative litigation and arbitration.