Study On Fraud Litigation And Its Criminal Law Regulations

Fraud litigation behavior refers to behavior of civil lawsuit based on fake facts that damages judicial order or seriously encroach on other’s legal rights.In recent years,fraud litigation has grown so much that it not only damages social honesty,but severely impairs normal judicial order.The society reacts strongly at this,thus Amendment to Criminal Law(IX)officially defines crime of fraud litigation.For fraud litigation is a newly established charge.There is still no common view on filing standard,law application,sentencing discretion and other aspects.Different recognition on crime,non-crime,this crime and that crime cannot meet the needs of judicial practices.Thus the fraud litigation needs proper standardization and improvement.Based on literature on criminal law,this paper starts from existing disputes on constitutive elements of fraud litigation crime,especially analyzes the disputes in theories and practices.Combining research on present overseas and domestic laws,it analyzes legislation rules and problems existing in judicial practices,including affirmation of litigation crime,non-crime and two similar crimes,and the problems and regulation approach of fraud litigation affirmation,and from the point of view of legislation,judiciary,and application,proposes suggestions for improving fraud litigation regulation to enhance the improvement of fraud litigation laws.