On The Suspended State Of The Crime Of Property Encroachment False Litigation

In recent years,the crime rate of false litigation has increased year by year in China.The crime of false litigation was officially written into the criminal law in 2015,which provided a criminal law basis for punishing false litigation,which is of great significance for preventing and sanctioning false litigation.In view of different protection legal interests,the crime of false litigation includes two types:the crime of property encroachment false litigation and the crime of non-property encrouchment false litigation.According to the description of the law,a natural person or unit that initiates a civil lawsuit by fabricating facts or fictitious civil legal relations,which seriously infringes upon the legal property of others,is a crime of infringing on the falsehood of infringement;the case of obstructing the judicial order is a crime of false infringement.This article only discusses the infringement of false legal crimes that seriously infringe on the legal property of others.Therefore,as an objective basis for analyzing the crime of false accounting for infringement,the correct identification of the cessation mode of the crime not only helps to deepen the type of crime,but also helps to correctly convict and sentence.This aspect is in line with the trend of the rule of law to require the judiciary to cautute the criminal law in the process of criminalization of conviction and sentencing,and on the other hand to find a reasonable balance between punishing crime and guaranteeing human rights.This paper adopts the research method of comparative analysis and theory practice,begins with the nature of the crime of property encroachment false litigation,compares the theories of stop-form of penal law at home and abroad,and tests the actual cases.The full paper includes three parts:the first part is the summary of the crime of property encroachment false litigation,mainly comparing the criminal rules and regulations of the crime of property encroachment false litigation,expounding the nature of the crime of property encroachment false litigation,and laying the groundwork for the research of the stop-form of the crime of property encroachment false litigation.The second part mainly discusses the theory of the stop-form of the crime of property encroachment false litigation,and focuses on the comparison of the stop-form theory of foreign criminal law and the stop-form theory of traditional Chinese criminal law.The third part emphasizes the determination of the stop-form of the crime of property encroachment false litigation.Combined with the theory of crime stop-form and classical cases,the author makes detailed analysis on the preparation,start,discontinuance,attempt and accomplishment of the crime,and sums up the standard of determining the stop-form of all kinds of crimes of property encroachment false litigation.