On The Crime Of False Litigation

In recent years,with the continuous improvement of people's living standards,the form of economic development is becoming increasingly complex,many false litigation phenomenon occurs around.False litigation usually occurs in civil litigation disputes,divorce disputes,commercial housing disputes and contract disputes and other civil litigation categories,the general case of false litigation involving a large amount of social impact,to promote unhealthy tendencies.The wrongdoing of the parties not only undermines the judicial credibility,disrupts the judicial order,wastes the judicial resources,and seriously infringes upon the legitimate rights and interests of others.In the criminal law before the introduction of the amendment nine,the academic community of false litigation behavior is different,the courts of the false litigation trial has been in a state of chaos,and more to fraud,contract fraud or guilty of conviction.Article 35 of the Criminal Law Amendment Article 5 of the crime of false prosecution,to a certain extent,the judicial trial from the guiding role,but also for the regulation of false action to provide a real legal basis.However,from the reality,the new offense of false litigation,in the set and how to apply there are still many unambiguous problems,such as the scope of the main body,the implementation of behavior,the handling of competing crimes.Therefore,this article discusses the crime of false litigation,including the following five parts:The first chapter introduces the domestic academic point of view and the different legislative ideas of foreign countries to sort out the article research background and research significance,that this article in the analysis of the problems of the shortcomings and innovation;The second chapter is the constituent elements of the crime of false litigation,from the traditional four elements to proceed,including the object of false litigation,objective,subjective and subjective aspects.The author believes that the crime of false litigation is the normal judicial order and the legitimate rights and interests of others two kinds of complex object;objective,this crime only occurred in the civil litigation process,the performance of the performance of "fabricated facts to bring civil action",which behavior Do not necessarily have the behavior of self-fabricating facts.After the civil action,the perpetrator of false action to cause obstruction of the judicial order or serious violations of the legitimate rights and interests of othersresults;the main body of the crime,focusing on civil proceedings in the defendant,the third person and no,limit the ability of the legal action agent And other litigation participants can constitute the subject of this crime for analysis;subjective,thebehavior of the perpetrators of direct intentional,indirect intent or negligence does not constitute the crime.The establishment of this crime does not require the perpetrator to have a specific purpose,such as illegal occupation of other people's property or for improper benefits.The distinction between the third chapter and the related offense is compared with the relevant offense usually found in the judicial practice of the false prosecution.First of all the crime and has been controversial to distinguish between the greater crime of fraud,the two crimes in the subjective and violations of the object has a clear distinction between the clarification of the crime and the crime of fraud;then the crime and obstruction of the crime section of the crime Crime and perjury,and to determine the necessity of establishing the offense of false action in this section.Chapter 4 analyzes the crime of false litigation.I believe that this crime should belong to the results of the crime,the perpetrator to fabricate the facts to bring civil action,in addition to the implementation of the act,the need to cause the order to injure the judicial order or serious violations of the legitimate rights and interests of others results.At the same time,the author also discussed the crime to start and complete the form.The fifth chapter is about the other problems of the crime of false litigation,such as the number of crimes,the issue of coexistence,sentencing standards,prosecution procedures and other aspects of the analysis and demonstration.On the understanding of how to understand the crime of false litigation described in the order of obstruction of justice and serious violations of the legitimate rights and interests of others on the issue of their own point of view.Through the study of these five parts,this paper can clarify the criminal constitution of the crime of false litigation,and point out the possible problems in the judicial practice,which can be used for reference.