Take Qiao Moujie’s Obstruction To Testify As An Example

In this paper,Joe Moujie prejudice to testify the case,the focus of discussion around the qualitative Qiao Moujie litigation fraud,according to the different opinions and different viewpoints are analyzed and summarized,adopting the research method of combining theory with practice,to guide the specific case legal analysis,qualitative in the practice of criminal law with the litigation fraud made some thinking,and fully proof of litigation fraud with fraud crime,to make a complete evaluation of litigation fraud and punishment.The thesis is divided into five parts.The first part is the introduction,The background,purpose,theoretical significance and practical value of case study are introduced.The second part is the basic situation of the case,including the cause of the case,the focus of controversy and disagreement.This paper briefly reviews the case of Qiao Moujie’s lawsuit fraud,sums up the qualitative differences arising from the investigation,examination,prosecution and trial stage,and sums up the disputed focus of the case.By analyzing the elements of crime,such as Qiao Moujie’s criminal behavior,criminal purpose and criminal means,the whole presentation will help to accurately identify litigation fraud.The third part is the legal analysis of the focus of controversy in this case.Introduce the main theories of litigation fraud in the theory of criminal law.The author also put forward personal views and opinions on the qualitative,conviction and sentencing of litigation fraud.The fourth part is the analysis and conclusion of this case.By comparing and analyzing the crime of falsifying the state organs official seal,falsifying the company’s stamp,helping to forge evidence,impairing the crime of testifying,false lawsuit,fraud and other five kinds of charges,the differences and differences between them are analyzed,The author of Qiao Moujie litigation fraud,conviction and sentencing were analyzed qualitatively,Argument whether or not it constitutes a crime,constitute Crime concluded.How to Regulate similar to Qiao Moujie litigation in judicial practice fraud,in order to achieve normal judicial activity and public or private property of dual protection.The last part is the study of revelation.The author through research and analysis Qiao Moujie case,found that there are some defects in the conviction and punishment of the criminal law related law and judicial interpretation in view of the property infringement litigation fraud.Proposes to modify the perfect suggestions.In this paper,a method of combining theory and practice.Guided by the theory of the case,use the case to verify the theory,the two complement each other.Hoping to regulate litigation fraud in the theory circle and practice circle have the enlightenment.