The Understanding And Application Of The Crime Of False Litigation

With the in-depth development of the market economy and the increasing downward pressure on the economy,false litigation is becoming more and more common.False litigation has not only seriously infringed upon the legitimate rights and interests of others,but has also caused more serious hindrance to the judicial order of state organs.The social credit system has also caused a serious impact and undermined the harmony and stability of social order.Prior to the introduction of the "Criminal Law Amendment(9)",the criminal law theoretically assessed the behavior in a different way.In the judicial practice,it is impossible to rely on and deal with no evidence.The "Criminal Law Amendment(IX)" stipulates that false litigation acts are criminal acts.It is of great benefit to curb fraudulent lawsuits by increasing the tendency of fraudulent litigation.However,as a newly established criminal law offence,how to understand and apply it in theory and practice is a difficult problem before us.To understand the crime of false lawsuit correctly,we must first understand the reasons for the false action.The main reason for the increase in fraudulent lawsuits as a new crime is the increasing number of false lawsuits in the field of civil economy,and the lack of provisions that can effectively combat false lawsuits in the original legal norms.Regarding false litigation behaviors,although there are theoretical viewpoints such as “fraudulence crimes” and “extortion and extortion”,but each viewpoint only sees trees not seeing forests,and cannot do social harm to false litigation behaviors.The correct evaluation.Drawing lessons from foreign legislation and combining with China's specific national conditions,adopting separate laws to create false lawsuits is more scientific and reasonable.The crime of establishing false lawsuits can be brought into line with international legislation and form an effective force against joint forces to jointly regulate false litigation.Therefore,the crime of false lawsuit came into being in our country.As the saying goes: "The method of adjudication is not sufficient for oneself." In order to effectively apply the legal provisions of the false lawsuit to judicial practice,it is necessary to thoroughly analyze the criminal constitution of the false lawsuit.There are two kinds of objects in the infringement of false lawsuits,namely the normal judicial order and the legal rights and interests of others.The former isthe main object,which determines the criminal nature of false lawsuits;the act of false lawsuit is the use of fabricated facts to bring civil lawsuits.This means that false litigation can only take place in civil litigation activities;the subjects of false litigation include plaintiffs,defendants,third parties with independent claims,and other litigation participants;false crimes can only subjectively Deliberate,and does not require the "illegal possession" for the purpose.Finally,accurately grasp the issues of “starting”,“doing it”,“doing it”,“doing it”,“doing it”,“imagining competing offenders”,and “joint offenders” in the application of false lawsuits in judicial application.In judicial practice,it is a quasi-conviction sentencing for falsified litigation conducts,and it can effectively regulate false litigations.Reasonable assessment of criminal behavior is of great benefit.