Research On Basic Issues Of Crime Of False Lawsuit

The "Criminal Law Amendment(Ⅸ)" has been in force for two years since November 1,2015.Among them,the crime of false lawsuit as the focus of "Criminal Law Amendment(Ⅸ)" at that time has also undergone a period of two years in judicial practice.More than a year of inspection.In the face of rapid economic development and the emergence of a large number of false litigation behaviors,from the initial inability to comply with the introduction of false lawsuits as the basis for laws and regulations,fully demonstrates the rapid progress in the progress of China’s rule of law.However,the law should keep pace with the times.The development of two years has made the crime of false lawsuit as a norm based on only one provision as a norm.It is exposed in the judicial practice that the deficiencies in the provisions of the article are increasingly prominent.This paper uses the clauses of the article about the crime of false lawsuit as the starting point and foundation.Through the analysis of the articles and the case of judicial practice,this paper attempts to analyze several basic problems that are easy to appear ambiguous and misunderstanding in the false lawsuit.In addition to the introduction and conclusion,this article is divided into three parts:The first part is based on the "The practice of false lawsuit".Through part of the data investigation,this behavior is based on judicial practice.The author intends to recognize the false judge’s behavior after the criminal suit has been entered into the criminal punishment.Treatment to reflect the "difficult miscellaneous disease" of the crime,so as to pave the way for the analysis of the "cause".The second part analyzes the qualitative issue of the crime of false lawsuit.In the qualitative issue,the author discusses the criminal object of the crime in detail and analyzes the rationality and inadequacies of various theoretical theories.Your own point of view.The author discusses the combination of jurisprudence and the case on the qual.In the third part,the author discusses the current judical definition of false crimes.While respecting the text of the criminal law,the author discusses whether the sham litigation that occurred in the criminal procedure,administrative proceedings,and arbitral proceedings should also be included in the crime of false lawsuit and puts forward his own point of view.