Research On The Nature Of Litigation Fraud

With the increase of people's awareness of the rule of law and the increase of litigation cases,there have been many cases of using litigation to commit fraud,which not only undermines the normal judicial order of our country,but also damages the credibility of state organs.Although litigation fraud and fraud in lawsuit and malicious litigation have certain similarities,they are different concepts.Litigation fraud focuses on the criminal law level,the main purpose is "fraud",fraud in lawsuit is focused on the civil law level,its scope is wider than litigation fraud,and malicious litigation is more focused on "malicious".There are controversies in the academic circles about the nature of litigation fraud,mainly including the theory of innocence,the crime of fraud,and the crime of extortion.The innocence statement is not reasonable,and the litigation fraud is legally invasive and cannot be acquitted.The crime of extortion is also slightly far-fetched.It is not appropriate to regard the judgment of the court as a threat or intimidation.Qualitative fraud is the way out of litigation fraud.From the nature and constituent elements,Litigation fraud involves a tripartite relationship with a subjective purpose of illegal possession.litigation fraud is one of the types of tribal fraud.Triangle fraud is a special form of fraud and is a special form of fraud.Therefore,litigation fraud The act should be characterized as fraud.Article 35 of the Criminal Law Amendment(IX)explicitly increases the crime of false litigation.The third paragraph describes “illegally possessing the property of others or escaping legal debt”,that is for the purpose of illegal possession,this clause actually describes “litigation fraud.”Comparing the concept and connotation of the two,we can see that there is a co-opetition between "litigation fraud" and "false litigation".