The Understanding And Application Of False Lawsuit Crime

Legislative organs constantly improve the legal system in accordance with the needs of development and change in all aspects of society.In the current market economy development of the general background,some people in order to achieve personal illegal purposes to drill the loopholes in the law.They satisfy their illegal needs by filing "fake cases".The existence of this wrong idea makes the unreal lawsuit happen frequently in today's society.In front of the false litigation into sin alone,without a clear regulation in our criminal law provisions to punish the behavior,false lawsuits in most cases is handled through the way of civil,but this prevention effect is not obvious.For this reason,China's criminal law has added false litigation crime.The increase of this crime plays an important role in restraining the increasingly rampant illegal behaviors,which can stop the spread of false litigation and infiltrate the momentum of various litigation areas.As the crime of false action is a new crime,the theoretical circle has not made a thorough analysis of it,and new problems of practical interface pairs emerge endlessly.In this case,the study of this crime is more important.This paper is divided into four parts.The first part is mainly the crime theory of false action,including false action in the field of civil and criminal different definitions,false and malicious litigation,litigation fraud,difference of litigation fraud,The necessity of writing false action into criminal law alone,the necessity of "criminal law amendment(9)" provisions of the crime of false action.The second part analyzes the false lawsuit crime from the Angle of the four elements of crime.The object of this crime is the selective object and the judicial order is the main object of protection.In the objective aspect,the practice of this crime behavior is fabricated facts filed a civil lawsuit,The mode of conduct is not limited to the malicious collusion between the parties,false action occurs only in the field of civil lawsuit,also analysis the meaning of false facts,the understanding of the term civil lawsuit filed.Natural person and unit can become the subject of false lawsuit crime.The subjective aspect of this crime is direct intention,which does not require the actor to have the purpose of illegal possession.The understanding of this crime is deepened by analyzing the subjective and objective elements of the false lawsuit crime.The third part is to analyze the identification of false lawsuit crime in judicial application.This crime is the result of a crime,which is established when it reaches the point of disturbing the judicial order or seriously infringing upon the lawful rights and interests of others.On the issue of accomplice,there is a case of complicity between the original defendants in this crime.In addition,litigant participants and judicial personnel can also collude with each other to constitute the accomplice of the crime.There are obvious differences between the crime and the crime of fraud,obstruction of testimony,helping to destroy and falsifying evidence.By analyzing the concurrence and association between this crime and other crimes,the problem of the number of crimes is solved.The fourth part is to analyze the false litigation crime objective existence of the problem in the process of judicial application,such as this crime investigation subject not clear,civil procedure is difficult to connect,the case is difficult to verify,conviction standard is not clear,aiming at these problems puts forward the countermeasures.False litigation sin set up time is short,not form a unified standard in their application,this situation requires the legislature and judicial organs apply to make a clear explanation about the concrete,in order to better play a role of its specification.