Judicial Cognizance Of The Crime Of False Litigation

In order to obtain improper interests,the doer fabricates facts,forges evidence,induces the court to make wrong judgment,adjudicates and mediates,this kind of behavior is called false lawsuit,that is,“fight against false lawsuit“” in our daily life.Since May1,2015,courts at all levels have started to implement the registration system.Because the threshold for filing cases has been greatly lowered,there have been many false litigation cases in reality.The perpetrators bring civil action to the people's court with fictitious facts,disturb the normal judicial order,cause the waste of judicial resources,and violate the judicial authority and judicial credibility seriously.We should see,just fine and detention rely on civil litigation cannot curb the influence of false litigation behavior,on the basis of modesty of the civil law,administrative law is not enough regulation or new phenomenon,it is necessary to use the penalty regulation.Therefore,“the amendment of criminal law(nine)” add a false lawsuit to regulate this kind of behavior.However,Article 307 of the Criminal Law provides for this crime in the form of simple counts of crime.The simplification of the articles leads to vague denotation,no classification of its constituent elements,and no corresponding judicial explanation for the determination of this crime.Therefore,the determination of this crime in judicial practice needs to be further discussed.In particular,there are still many aspects worth discussing in the judicial determination of this crime: how to characterize the false litigation act,How to identify the crime of false litigation and the crime of false litigation,as well as the related problems of accomplices,are the problems that must be faced in judicial practice.In view of this,the author taking “false litigation”as the key word,carried out a case search on the database of judicial cases of Fabao at Peking University,and found that 111 related cases were registered as criminal cases.After reading the relevant cases,the author selectsfour typical cases(unilateral lawsuit and malicious collusion between the two parties),and intends to explore the relevant issues of false litigation step by step from the controversial content of several cases.Around the crime of false litigation,this paper systematically analyzes the key problems in judicial cognizance,mainly including six parts: the first part introduces the case of dispute focus,and extracts the dispute points from the case,such as the qualitative analysis of false litigation act.The second part starts from the different concepts of false litigation in academic circles and combines the relevant legislative practice of foreign countries to make qualitative analysis of false litigation behavior.The third part determines the three main elements of the crime of false litigation,and then analyzes the standard of the crime;The fifth part discusses how to deal with the three typical cases of joint crime in judicial practice.