Research On The Difficult Problems Of False Litigation Crime

False litigation has become increasingly fierce in the civil litigation field.It has serious social harm and requires the timely intervention and intervention of the criminal law.In order to crack down on fraudulent lawsuits,"Criminal Amendment(IX)" added fraudulent lawsuits,but there are still many imperfections in the new crimes.If we want to fundamentally eliminate the occurrence of false litigation,we must solve the following problems: First,we must solve the crime's behavior and existing areas of problems.It is necessary to clarify the behavior of this crime,including concealing the truth and clarifying the criteria for determining the degree of “obstructing the judicial order and seriously infringing the legal rights and interests of others” and “serious circumstances”,and extend the scope of application of this crime to all procedures applicable to the Civil Procedure Law.Second,we must resolve the subject of the crime and the issue of accomplice.Extend the subject of this crime to include defendants who filed a counterclaim.It is clear that the subject of this crime can establish an accomplices relationship with the defendant,other participants in the proceedings,judicial staff,and lawyers.Again,we must solve the issue of the cessation of this crime.It is clear that this offense is a behavioral offender.The discussion on the "starting point" of this offense is discussed.The starting point for filing a civil action before making up the fact is that when a lawsuit is filed,the starting point for making up the fact after filing a lawsuit is when the fabrication behavior occurs,and In both cases,the guilty and attempted guilt are respectively determined.Finally,we must solve the problem of the boundary between this crime and other crimes.This sin and obstruction testimony,help destroy,falsify evidence constitute an implicated offense,and fraudulent crime constitutes a imaginary co-conspirator,it is recommended to improve the minimum statutory punishment of this crime,and to punish this crime.