Study On Crime Of False Action

As a new addition to the criminal law amendment(ix),the crime of false litigation is one of article 307 of the criminal law.To include false litigation in the end of the scope of the criminal law theory and practice about whether it should be into the crimes and how to into the debate for a long time,for the study of the theory of the false litigation,can link to the judicial process from legislation.One of the "criminal law" the 307 th regulation,is not only a simple add a new crime,but with the new criminal law theory research contents,organ will be the implementation of judicial practice to use proposed the new task.The total number of words in this article is more than 30,000 words,which is divided into preface and main body.Four chapters in four parts describe the main body of this article.The first chapter completes the macro description of the topic.This paper shows the different opinions of Chinese scholars on how to characterize the false litigation,and expounds the concept of the crime of false litigation on the basis of the author's understanding of the law.Secondly,the crime is deeply analyzed.Finally,as a new crime,the false lawsuit is bound to have significant meaning,and the author makes a detailed analysis on it.The second chapter introduces the extraterritorial legislative experience about the crime of false litigation.First of all,this paper introduces the practice of typical countries of continental law system,and introduces the relevant laws and regulations on the crime of false litigations between Germany and Japan.Secondly,this paper introduces the practice of the typical countries in Anglo-American law system,and analyzes the specific charges applied in the United States and Britain.In the end,the article summarizes the criminal regulation model of the crime of extraterritorial fraud.The third chapter is a comprehensive interpretation of the constitutive elements of the crime of false litigations.First of all,the subject of this crime generally refers to the plaintiff in the civil action.Because in civil litigation,in addition to the plaintiff,there are many participants in the proceedings,this article will also have an independent right of claim of a third person and without independent right of claim of a third person as the main body of this crime possibility carefully in this paper.Thirdly,in subjectively,the identification of the crime of false litigation and the determination of the purpose are analyzed.Finally,the author puts forward his own opinions on the specific application of "fabricating facts" and "bringing civil action".The fourth chapter focuses on the judicial application of the crime of false litigation.First of all,the crime of false lawsuit is compared with the crime of false bankruptcy,fraud and libel.Secondly,this paper focuses on the analysis of the form and the form of the crime.In addition,this chapter also analyzes the forms of crime and complicity of the crime.