The Empirical Research Of The Conviction Standard Of The Crime Of False Litigation

The crime of false lawsuits is a new crime in the "Criminal Law Amendment(9)".The conviction standard for the crime requires that the actor's behavior must reach the level of "obstructing the judicial order or seriously infringing on the legitimate rights and interests of others".However,so far,the specific provisions on the criminal conviction standard for false lawsuits have not been issued.The courts in each district have different understandings and determinations of “obstructing the judicial order”and“seriously infringing the legitimate rights and interests of others”,resulting in different judgments in the same case in judicial practice.The phenomenon is more serious,and the amount of falsely litigious behaviors entering criminal trial procedures is unusually small.To this end,it is necessary to use empirical research methods to sum up the laws of the standards for conviction for false lawsuits in judicial practice,supplemented by false case analysis methods,and“serious violations of judicial order”and“serious infringement”for false lawsuits.The overall conviction standard and specific conviction standards for the legitimate rights and interests of others are explained in detail.