Research On The Problem Of False Litigation

Crimes of false litigation is the new "criminal law amendment(9)" a crime,one of the listed in article 307 of the criminal law,but because of just punishment soon,the relevant specification and explanation is not perfect,lead to controversy.This paper is divided into four parts,integrated the theory to discuss the hot issues and put forward their views,points type analysis of the complex crime and the crime of false action mode into sin,finally to clauses 3 and 4,the analysis of problems and the meaning of the law.The first part is the analysis of this crime patterns into sin,academic circles have not formed a unified point of view,there is result make say,behavior and mixing,to this,I think should be the false action of crime,which have certain harmful consequences to constitute a crime.The second part carries out the practice of the crime,and combines the rules and requirements of civil procedure to analyze the specific situation in stages.The following conclusion is drawn: the "fabricating" behavior in the false litigation should include the main facts of the fabricated part and the act of concealing facts;On "file" level,should include additional and change during the period of the plaintiff in the proof of the claims,the defendant counterclaim,have an independent right of claim of a third person separate filed a lawsuit,the parties,the appeal and apply for execution;In the scope of "civil action",it shall include incidental civil action,excluding civil arbitration.The third part is about the third paragraph of the article,which discusses the qualitative nature of the fraud lawsuit,and the academic circle has a lot of discussion about fraud,extortion and robbery.I support fraud said that under normal to constitute the crime of fraud of the property and the implementation of the false litigation,not directly USES the third paragraph of the provisions in the draft shall be regarded as fraud because constitute the crime of fraud that is only a normal but not comprehensive,and may set up corruption or job occupation crime,etc.The fourth part mainly revolves around 4 for the judicial staff violating this crime,and the behavior person set up in the case of an accomplice of the normal intentionally wrongful convictions for him after the "bribery" discussed the situation of crime number question,think this shall be deemed as is a behavior violate several crimes,constitute aconcurrence of imagination,logarithmic said crimes began thinking at the same time,discuss whether exist in legislation of the bias of the judicial personnel.