On The Crime Of False Litigation

Since ancient times,China has been a "human society." When people have disputes in their social life and face conflicts of interest,they face the problem of face and prefer to suffer losses and are not willing to go to court.Since the reform and opening up,the economic level has been continuously raised.People's concept of legal system has been strengthened.When they encounter problems,they are more likely to believe the law and not be afraid of courtroom justice.At the same time that the solution to the problem of bringing litigation brought more fairness and justice to people,some people even learned to exploit the law loophole and sued the court for its favorable judgments by fabricating facts and falsifying evidence.So that the court becomes the arena for obtaining illegitimate interests.Such acts of false litigation not only seriously challenge the authority of the judiciary,waste a large amount of judicial resources,destroy the order value of the law,but also seriously violate the legitimate interests of others,and these few In spite of the increasingly fierce lawsuit in the year,all scholars in the legal field have called for strengthening the legislation,cracking down on fake legal proceedings and curbing this vicious situation.Against this background,the newly adopted "Criminal Law Amendment 9" in 2015 Article307 adds a crime of false prosecution.However,as a "newborn",the crime of false prosecution will inevitably encounter many problems in the process of its growth.All these problems are unavoidable.Only when we conduct in-depth studies can we make the crime of false prosecution a better one in judicial practice Be applicable.The author mainly discusses the crime of fake litigation through the following five parts.The first chapter is the introduction part,which focuses on the discussion of the current situation of domestic and international research on the crime of false prosecution.Before the crime of false prosecution,the views of academic circles in our country mainly include fraud crime.Behavior can not be exactly the same as the act of false litigation,and the act of false act is found to have some flaws on other charges.Therefore,it is very necessary to set up a new offense independently for the act of false litigation.While in foreign countries,the nature of false litigation is mainly divided into Germany,Japan,Spain and Singapore,Italy.Each model has its own arguments.The second chapter is about the constitutional elements of the crime of false prosecution.The author closely analyzes the object,the objective aspect,the subjectand the subjective aspects of the crime of false prosecution closely to the provisions of the law.In the objective aspects,the "falsified facts",the "instituting of civil actions",the "obstruction of the judicial order" or the serious violation of the legitimate rights and interests of others are objectively infringed upon by complex crimes,including the normal judicial order of the judicial organs and others' legitimate rights and interests.How to understand it is the focus of this chapter.The author believes that the perpetrator may constitute the crime only in the process of bringing a civil lawsuit.The mere concealment of the truth can not become the standard of criminal conviction.The way of false litigation should be limited to actively fabricating facts,Forge evidence to bring civil proceedings.In the aspect of subject matter,both the original defendant and the defendant may become the perpetrators of crimes.In addition,according to the provisions of the second and fourth paragraphs,both the unit and the judicial staff can become the criminal subjects of this crime.Regarding the subjective aspect,the author believes that the fake legal proceedings Subjectively,man should be intentional,can not be negligent,and must not be an essential requirement of crime for the crime of "illegal possession."The third chapter,through the analysis of the crime of fraud and fraud,perjury,prejudice the crime of crime in the constitution of the elements of the same points and differences,accurately draw the line between the crime of fake prosecution and these similar charges,to facilitate the judiciary in the judiciary Practically accurate application of the crime of false litigation,so that this new charges to play its due social and legal effects.The fourth chapter is the analysis of the crime patterns of the crime of false prosecution.The content of this part is also the innovation point of this article.The author mainly deals with the imaginary competition,the lawbreakers and the lawbreakers involved in the judicial practice of the crime of false prosecution Guilty of crimes and how to convict the punishment for analysis,hoping to provide a little superficial advice on the judicial application of the crime of false prosecution in the future.The fifth chapter is about the cognizance of the pattern of the cessation of crime in the crime of false accusation.Different from the theory that other scholars think the crime of false accusation is the crime of behavior,the author thinks that the crime of false accusation is the result crime.Through the theory of preparing,suspending,attempting and completing crime And the judicial practice of the combination of falselitigation,to determine the problem of the crime of the crime of stopping the form of the problem,I hope the new charges in the practical application of the better.