Research On Judicial Application Of The Crime Of False Litigation

With the continuous improvement of the rule of law in China and the concept of the rule of law,litigation has become the first stage of human rights protection.However,some people are playing the legal idea,in the form of legal cover for illegal purposes,concoctive fact,forge false litigation evidence to the court,diddle take effect to judge of the court of law with the court's compulsory execution for illegal gain,this kind of phenomenon popping up all over the country.False litigation not only disturbs the normal judicial order of judicial organs,damages the judicial authority of our country,but also infringes on the rights and the interests.In amendment of the criminal law of the People's Republic of China(9)before,and false litigation is not a separate set of rules,the academic circle for false lawsuit behavior qualitative opinions vary,with "fraud" in some parts of the judicial organs have "sabotage" certificate "perjury" convicted and punished for false lawsuit behavior,in connection with different sentence judicial mess around.Given the dangers of false lawsuit behavior consequence is extremely serious,in August 2015,"criminal law amendment(9)," new lawsuit against false litigation crime behavior regulation,it will frequently occur in the reality of false litigation stem effect,safeguard judicial order.But due to the abstractness of legislation,the criminal law provisions alone cannot completely solve practice and determination of false action in the scope of concepts,crime number,was established with differences of opinion,therefore,in the judicial interpretation issued before,for the crime of false action judicial problems for refinement has a certain practical value.In view of the dangers of false lawsuit behavior consequence is extremely serious,in August 2015,"criminal law amendment(9)," new lawsuit against false litigation crime behavior regulation,which greatly frequent false litigation against reality,maintaining the order of justice.Abstract,but criminal law article only by the law of the abstract provisions differences of opinion may arise in the practice that can not be solve one by one,therefore,in the relevant judicial interpretations issued before,it is necessary for the crime of false action,this paper discussed the judicial application research,the practice of the crime of false litigation that has certain guiding significance.This paper is divided into three parts,which is mainly to deconstruct and analyze the judicial application of the crime of sham litigation.The first part: an overview of the criminal law regulation of fictitious litigation.The paper analyzes the concept and harm of false lawsuit and proves the necessity of criminal regulation.Part two: the normative understanding of the constitution of false litigation.Based on the law of the crime protection of sham litigation,combining with practice to analyze the constitution of false lawsuit crime.Part three: judicial determination of the crime of sham litigation.This paper discusses the application of false litigants from the perspective of the constitution theory of crime,the theory of complicity and the theory of crime.