Research On Crime Of Fraud Litigation

One of the 307 criminal law fictitious crimes is a new offense to be added to the Criminal Law Amendment(9),which aims to punish the filing of civil action.But the crime in the theoretical level and the process of judicial application there are still some questions,need to explain the norms.This article is part of the difficult problem of answering the crime of false litigation on the basis of analyzing the constituent elements of the crime of false action and the applicable rules.This paper is divided into five parts:Part ?:This Part is the outline of the crime of fraud litigation,mainly to clarify the"fraud litigation" charges before and after the establishment of the concept.The "fraud litigation" stipulated in the Criminal Law Amendment(9)is specific.It means that the parties or parties have conspired to make civil action,obstruct the judicial order or seriously violate the lawful rights and interests of others.Part II:This part aims to clarify the crime of fraud litigation in Article 307 as "the litigation of the facts made by fabricated".Through the analysis of the literal meaning,the act of the crime of fraud litigation is the act of "bringing civil action" It can only be made as a positive form,its behavior does not include "conceal the truth" approach."To fabricate the facts" is a symbol of illegal behavior,but also the premise of the implementation of the act.Part III:The third Part mainly determines the crime of guilty of fraud litigation as"obstruct the judicial order or seriously violate the legitimate rights and interests of others".The crime of false action is the result of the crime,and the fact that the filing of the civil action does not necessarily cause the consequences of obstructing the judicial order.Whether it is against the judicial order or serious violations of the legitimate rights and interests of others the results must be achieved to a certain extent.Part IV:This part introduces the risk of judicial application that may be faced with the crime of fraud litigation,that is,the improper limitation of the scope of application.The application rate of fraud litigation in practice may not be high,the reason is not only "serious" standard is more vague,but also in paragraph 3 "from a felony heavier punishment" provisions improper overhead false crime.Thus leading to false litigation and can not play the desired effect.Part ? is the conclusion.