The Understanding And Application Of The Crime Of Fraudulent Lawsuit

In "Amendment(?)of the Criminal Law of the People's Republic of China",Crime of fraudulent lawsuit refers that natural person or unit fabricate facts and evidence to bring a civil action,which offends against the Justice or seriously violates the legitimate rights.In the constituent of this crime,object of this crime should be a simple object,which is normal judicial order.In this case,it should be a crime defined by its criminal result.On Objectively,the conduct of this crime is manifested as plaintiff fraud to bring up a civil lawsuit and provide false evidence.Crime of fraudulent lawsuit can be categorized into three sub-types: malicious collusion type,unilateral fraud type and no victim type.For civil action,it should have extended explanation,including criminal incidental civil action and incidental civil action.Subject of this crime is general subject including any unit participate in this fraudulent lawsuit can be declared of guilty.Subjectively,this crime can only be conducted intentionally.Crime of fraudulent lawsuit consider acceptance of court as a sign of establish and the judgment from court as an accomplishment criterion.It can be imaginative jointer with the crime of fraud(fraud triangular).In the judicial identification,it should be paid attention to the connection and distinction of obstruction of justice.For the mechanism of prosecution,it is an interdisciplinary crime of civil and criminal,which should be handed over to procurator for investigation.