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Judicial Application Of False Litigation

Posted on:2018-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhangFull Text:PDF
GTID:2356330518492794Subject:Law
Abstract/Summary:PDF Full Text Request
False lawsuit to protect the judicial order and the legitimate rights and interests of others, the judicial order is the main law; "a serious violation of the legitimate rights and interests of others" in the "serious" level should be recognized, the usurpation of such cases can be quantified, non usurpation of such cases may refer to other charges into the crime standard "civil litigation"; should be understood in a broad sense, including the first instance criminal procedure and simple procedure and the special procedure and executive procedure; false lawsuit types include collusion and unilateral fraud type; the behavior of hiding the truth and false evidence situation points to determine whether can become the objective elements of the crime; the defendant and the third person, in some cases to become the subject of the crime;crime of false litigation is "fabricated" and "lift",which "lift" is not limited to the initiation of proceedings; to stop crime Check standard to general and special conditions to form, generally to standard "civil lawsuit and the court"; special case is the "submit evidence"; standard of accomplishment should not make a judgment as the standard, and should be based on the behavior of people to submit to the court evidence or the fact advocated by the court to be admissible, which is caused by the infringement of legal interest as the standard; charges of false litigation and fraud etc.the establishment of imaginative joinder, choose a felony punishment.
Keywords/Search Tags:Judicial order, Fraud in litigation, The constitution of crime, The form of crime, The number of crimes
PDF Full Text Request
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