Research On The Crime Of False Litigation

"Criminal Law Amendment(9)" to increase the new charges "false litigation",so that the judicial practice of dealing with the relevant acts of criminal law as a basis to make up for the blank before the law,is China's civil action in the fight against false.This article will discuss the provisions of the crime of false litigation,clear the concept of fictitious litigation,constituent elements,the number of forms of crime and the scope of application,to avoid the practice of chaos,better regulation of false litigation,to maintain the authority of the judiciary and Credibility.This article will study the crime of false litigation from the following aspects.The chapterone is the constitution of the crime of false litigation.The subject of the false litigation can only be the initiator of the civil action,that is,the plaintiff,the defendant and other litigation participants only in the case with the plaintiff conspiracy,can be used as the main body of the crime;false litigation subjective aspects of direct intentional,but There is no restriction on the purpose of the perpetrator,which may include the infringement of property or non-property rights of others,or the acquisition of a certain qualification.The objective aspect of the crime of false action is manifested as a civil action in the form of fabricated civil litigation Is a narrow civil action,not including justice,arbitration and other procedures.False litigation is not limited to malicious collusion,to conceal the truth is not the crime of behavior.The fact that fabricated is the main,critical,real truth of the case.The fact that the perpetrator has committed the facts of another person also constitutes the crime;the object of protection of the false action is a complex object,including the order of the activities of the judiciary and the legitimate rights and interests of others.In the second part,the third paragraph of the provisions of the crime of false litigation is analyzed.This provision provides for the infringement of property and other types of property law and property crime of competing issues,should be punished heavier offenses.Such a crime against others property-type false prosecution crime has the crime of the side of the crime,the typical is the triangular fraud.The third part analyzes the crime form of the crime of false litigation.The crime of false litigation is the result of the crime,only to produce certain harm results can constitute a crime,that is seriously hampered the judicial order or against the legitimate rights and interests of others.This paper argues that the court is effective in judging the crime of false litigation.A common crime in a false litigation is a common phenomenon,including situations where the perpetrator collapses with the defendant,other litigation participants or judicial staff.In the fourth part,it is pointed out that the norms of false litigation are imperfect,there are problems that are not clear,the scope of application is too narrow and the prosecution procedure is difficult to start,and put forward their own opinions or solutions.