Judicial Determination And Application Difficulties Of False Litigation Crime

In civil and commercial activities,litigation activities have become an important weapon in modern society to resolve disputes and conflicts.In the process of increasingly diversified and complicated civil and commercial activities,some units and individuals,for various purposes,filed false claims with the people's courts by fabricating facts,with a view to seeking illegal interests,evading debts,delaying performance,etc.,seriously disrupting normalcy.The judicial order may harm the legitimate rights and interests of others.In particular,on May 1,2015,the Supreme People's Court enforced the "Regulations on Several Issues Concerning the Registration of People's Courts",the National Court initiated the reform of the registration system,the case-based review system was the registration system for registration,and the civil and commercial affairs accepted by the people's courts at all levels.The number of cases has increased substantially,which also provides a relatively loose judicial entrance to false litigation,and frequent false litigation cases in local courts.In response to changes in the judicial situation,in order to effectively punish false litigation,the Criminal Law Amendment(IX)added the crime of false litigation and formally incorporated false litigation into the scope of criminal law.On September 26,2018,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of False Lawsuits",and made relevant provisions on the identification and application of the crimes in the judicial practice..This article analyzes the various disputes and problems in judicial practice since the entry of the criminal lawsuit in four parts.The first part introduces two typical cases of false accusation in the case of the author's court as an analysis sample,and raises questions around the focus of the dispute between the parties in the trial process and the difficulties encountered by the court in the identification of the case and the application of the law.The second part analyzes the controversy of judicial recognition standards and further clarifies the specific meaning of“initiating civil litigation with fabricated facts".The third part analyzes the accomplice,co-opetition,implicature,etc.of the crime from the perspective of the judicial application of the crime.It considers that the provisions of the fourth paragraph of the crime belong to the attention regulation,and both the parties and the outsiders may become the accomplice of this crime.There may be a one-sided accomplice in the case of false litigation,and it is argued that one-sided accomplice cannot be argued by accomplice,but should be evaluated independently.When this crime contends with other crimes,it should be punished from a felony according to the principle of imaginary competing crimes.It is clear that in the process of false litigation,deliberately committing acts such as perjury,helping the party to destroy,falsifying evidence,forging seals or identity documents,etc.,and at the same time constitute related crimes such as nuisance of testimony,help to destroy,forgery of evidence,etc.Form an implicated relationship.The fourth part combines the judicial practice to analyze the unconformity of the conviction standards in the initiation and sentencing of false criminal cases,the choice of the judge when the case is transferred or not,the connection of the case transfer and the actual dilemma of the serious determination of the case.The last part,based on the analysis of the above four parts,this paper puts forward some suggestions on the legislative system and judicial practice of the crime from the perspective of judicial practice,and proposes to further clarify the criteria for the crime of false litigation and improve the transfer and connection mechanism of such cases.,refine the "severe serious" certification standards.