The Research On False Litigation In The Cross Vision Of Criminal Law And Civil Law

With the development of the construction of rule of law in our country,litigation is becoming more and more important,but at the same time,the phenomenon of false litigation is becoming more and more serious.In our country,criminal laws all have provisions on false litigation.However,these provisions cannot be perfectly linked up.There is a lack of consistency in the determination of the scope of false litigation,and there is no clear distinction between the criminal and the people of false litigation.To the false lawsuit procedural measure stipulation vacancy and so on question.In this paper,the author studies the false litigation from the angle of criminal law and civil law,probes into the dispute of false litigation from two aspects of substantive law and procedural law,and puts forward some suggestions in order to perfect the legal regulation of false litigation and guide judicial practice.This paper consists of three parts:The first part analyzed provisions of civil law and criminal law from three aspects of false litigant.The scope of the subject of false litigation,civil provisions are limited to malicious collusion,but its substantive scope also includes unilateral prosecution;criminal provisions will be further expanded to the scope of abuse of power of judicial staff.In the case of false litigation,criminal law should be relatively uniform,that is,limited to civil litigation,not including civil arbitration,administrative proceedings and criminal proceedings.There are two forms of false litigation:infringement of property interests of others and non-property interests of other persons.The focus of civil law regulation is the former,and the evaluation criteria of both should be roughly the same in criminal law.When.False litigation is not one of its main forms of expression.The second part compares the infringement of false litigation with the criminal behavior of false litigation.The establishment of the false lawsuit as a tort requires the actor to carry out the false action and cause certain damage consequences,and the actor has subjective fault.The establishment of false litigation as a crime requires the actor to objectively carry out the act of filing civil action with fabricated facts,impair the judicial order or seriously encroach upon the legitimate rights and interests of others,and subjectively have the intention to do so.Whether or not it has an unlawful purpose of possession.Therefore,social harmfulness and subjective psychological state are the main criteria to distinguish false litigation from crime.Generally speaking,The tort of false litigation which has serious social harmfulness and intentional subjective psychology has already accord with the criminal constitution of the crime of false litigation and needs to be punished by the criminal law.The third part analyzes the problems caused by the interleaving of criminal procedure in false litigation.The complexity of the procedure of false litigation is that it involves many kinds of proceedings,so it needs to be discussed in case of criminal procedure.If criminal proceedings are involved in the stage of trial of false civil proceedings,it shall be"civil liability responsibility first,criminal second";Those who intervene in the stage of false civil action judgment,mediation or execution,it shall be"criminal responsibility first,civil liability second";Those who intervene at the stage of initiation and trial of the corrected civil action,it shall be "discrete criminal and civil liability".In addition,this article holds that under the staggered criminal procedure,the subject' exercising the right of prosecution against the false lawsuit should still be the public security organ;the criminal trial of the false lawsuit should not be carried out directly by the trial court of the original civil procedure;The criminal procedure should not be directly recognized by the civil judge when the criminal judgment is in force.