On The Judicial Determination Of The Crime Of False Lawsuit

In recent years,China's rapid development of the construction of the rule of law,legal idea and concept of safeguarding rights increasingly strong in the hearts of the people,more and more people choose to use the legal weapons to protect their legitimate rights and interests.However,some criminals are relying on the strength of the judiciary filed a false lawsuit,and obtain illegal benefits through such acts.By August 29,2015 the "criminal law amendment(nine)" will act as a false lawsuit,on the occurrence of false litigation will play the role of prevention and suppression.However,in order to apply false litigation in the judicial practice of the crime is more accurate,it is necessary to the relevant issues on the crime of false litigation Analysis.This article begins with the feasibility of the false litigation as a crime,analyzes the nature of the false action and the rationality of the charge in the "criminal law amendment(nine)".In the aspect of the constitutive elements of the crime of false litigation,the paper mainly discusses the structure and the scope of application of the crime of false litigation.The crime of false litigation is consequential offense,the time to initiate a lawsuit is the beginning of the crime,the court's decision to make the beneficial is the completion of the crime.In the accomplice of false litigation,it mainly solves the problem of joint crime between the actor and other litigant participants,and the perpetrator and the judicial staff.There is a dispute in the theoretical circle whether the crime of fraud of the crime of fraud can constitute the crime of fraud.This paper argues that the false lawsuit may also commit other crimes,especially the crime of fraud,is to imagine the situation of concurrence,in accordance with the special provisions of the criminal law of our country choose a heavy punishment.