The Judicial Identification And Legislative Perfection Of The Crime Of False Litigation

Nowadays,the rapid development of China's economy is accompanied by various civil disputes.More and more people tend to defend their legitimate rights and interests in the way of litigation,so that disputes can be resolved effectively.But,there are some people who use fabricating facts,falsifying evidence and other means to bring civil action,intending to obtain the actual illegal interests through lawful and legitimate means.Before the enactment of the ninth amendment to the criminal law,the criminal law does not make a clear regulation on this kind of false action.The determination of false litigation and the result of conviction and punishment are also controversial,presenting a situation of inconsistent judgment and variety of punishment.On the one hand,this situation will lead to the occurrence of unfair phenomena that will impose different penalties on the perpetrators of the same behaviors in different cases and shake the judicial authority and credibility.On the other hand,it can harm the legitimate rights and interests of other people through false litigation,so that the phenomenon of false litigation is produced in large quantities in practice,and in recent years,it has become more and more serious.The criminal law has special provisions on the crime of sham litigation.It is not only that the punishment of the criminal law does not match with the provisions of the civil procedure law,which leads to the inconsistency and diversification of this behavior in practice.The social harmfulness of the false lawsuit is serious,the actor cheated the court's judgment through the false lawsuit,and obstructed the normal judicial order,aggravated the contradiction of many people in the current judicial organs.On the other hand,the actor uses the wrong instrument and seriously infringes on the legitimate rights and interests of others.In order to crack down on the false litigation,it is necessary to make a single provision for the crime of false lawsuit.At the same time,there is no judicial explanation for the crime of false charges.Therefore,there are some problems to be studied in the identification and application of this crime.This paper is based on the concept of false litigation and the research on the constitution of crime,and further inquires into its related legal regulations.The structure is as follows.The author makes an in-depth analysis on the crime of false litigation based on the subject of crime,the subjective aspect of crime,the object of crime and the objective aspect of crime,in order to the basic concept of crime of false litigation and crime constitution can have a clear understanding.The second part analyzes the boundary between the concept of false litigation crime and related concepts and related crimes and clarifies the crime of false charges and other concepts,in order to lay the foundation for more accurate identification of false litigation crime.In the third part,the author makes a deep interpretation of the detailed problems in the determination of judicial practice.The fourth part combines the specific cases to study the crime pattern of the crime of false lawsuit,including the form of stop and the form of crime.The fifth part is to probe into the legislative defects and consummation of the judicial application of the crime of false litigations,and gives some suggestions on the improvement of the crime.