Research On False Litigation

The addition of the crime of false litigation in the Criminal Law Amendment(IX)has important practical significance.From the current judicial practice,there are still major differences in the handling of false litigation behaviors by local judicial organs,reflecting the fact that judicial practice exists to a certain extent.Cognitive confusion.The new regulations are a new beginning,and scholars need to play a new role in the study of new crimes.Can this crime adapt to the current social development,meet the needs of social reality,and be operational in judicial practice? Sex,what kind of applicability problems will be encountered are new challenges we face.Although many scholars have devoted themselves to analyzing the legal problems of the crime of false litigation and offering solutions since its inception,hoping to provide theoretical support for regulating the acts of false litigation,there is still no consensus on many related issues in academic circles.How to understand the concept and characteristics of the crime of false litigation,what constitutive elements of the crime,and how to provide solutions for the problems encountered in the formulation and implementation of the crime are the research purposes of this article.The thesis consists of three parts.The first part is the summary of the crime of false litigation in the second chapter.Firstly,the legislative background of the crime is clarified,so as to provide ideas for the following research.And then compare the different opinions on the concept of false litigation put forward by academia,and get the viewpoint of this paper.This paper summarizes the connection and difference between the concept of false litigation and malicious litigation,abuse of procedure and litigation fraud.Finally,the concept of false litigation in the crime of false litigation can be clearly defined by classifying the acts of false litigation.The second part is the criminal constitution of the false litigation crime.This chapter is the core part of the thesis.It is based on the four essentials theory,and combs the whole crime composition from the object,objective aspect,subject and subjective aspect of the false litigation crime.The object said that it is different from the simple object.The violation of the lawful rights and interests of others based on false litigation may be manifested as an infringement of the property rights of others,or as an infringement ofother legitimate rights and interests of others,and may also be manifested as no In the case of infringement of the legitimate rights and interests of others,but in any case,even if the two parties maliciously collude,it will inevitably impede the judicial order.Therefore,this article affirms that the false litigation crime is stipulated in the section of “discrimination of justice”.Analyze the interpretation of the criminal object of different crimes,correct the logical contradiction in the previous complex object theory,find the inadequacies in the simple object theory,and comment on another viewpoint that the object that this crime may infringe There are legal rights and judicial order of others,and both of them are in the same protection status.The insufficiency of the viewpoint,this paper proposes a new interpretation of the road strength,that the object of the protection of false litigation crime is the judicial order,the legitimate rights and interests of others is its random object,random objects may or may not appear,it only affects sentencing,Does not affect conviction,so the random object is for the result of aggravated offense or aggravated offense.All of these will inevitably hinder the judicial order.Firstly,affirm the rationality of the provisions of the crime of false litigation in the chapter of "crime of obstruction of justice",and then clarify that the object violated by this crime is in fact not primary or secondary.The other object that this crime may infringe,namely,the legitimate rights and interests of others,is in the same protective position as the judicial order.From the fabrication of facts,civil litigation and other objective acts to clear the definition of the implementation of the crime of false litigation.The third part is the judicial application of the crime of false litigation.It mainly studies and summarizes the application of the crime of false litigation on the basis of the second part,and compares the difference between the crime of testimony,the crime of fraud,the crime of perjury and the crime of false litigation.To clarify the boundary between this sin and the sin,especially the series of arguments arising from the theory of triangular fraud,and to investigate whether it is necessary to make the crime of fraud and false litigation a strict one.Distinguish,or whether the infringement of property-based false litigation is only in accordance with the criminal constitution of fraud or the crime of false litigation? From the research,the conclusion reached in this paper is that the false litigation of property infringement can actually satisfy the fraud.The crime of sin and false litigation constitutes a relationship of imagination and competition.It should be settled according to the principle of one weight.In addition,this paper notices that there is a quantitative requirement for the crime of fraud,therefore,it cannot meet the requirements of fraud.Under the amount of the case,it is entirely possible to deal with false acts of infringement of property in accordance with the crime of false litigation,which will notviolate the legislation of the crime of false litigation.The original intention will not lead to the normative evaluation of criminal acts that should be punished by punishment.This paper also studies the unsolved crimes,common crimes and crimes of false litigation crimes.In crime,the focus is on one-sided accomplice.In the study of the number of crimes in false litigation,the focus is on the issue of implicated offense.