Research On The Problems Of False Lawsuit Crime

With the continuous progress and development of society,people's legal consciousness is gradually strengthened,lawsuit as the last barrier to protect their legitimate rights and interests,its role cannot be underestimated.But the accompanying "side effects" are also extremely obvious,and some criminals even hesitate to take the lawsuit as a tool for illegal gain.In view of the frequent cases of false lawsuit,the false lawsuit was formally adopted into the penalty at the end of 2015.However,there are still many disputes in the process of application of this crime,so it is necessary to analyze and discuss the related problems of false lawsuit crime,hoping to play the role of the crime better.This subject synthetically uses the research methods of literature research,case analysis and logic argumentation to study and analyze the related problems of false lawsuit crime.Firstly,the paper analyzes the legislative basis and theoretical basis of false lawsuit crime in the light of the criminal legislation and the nature of crime,the principle of criminal law and the system of criminal law.Secondly,starting from the constitutive elements of the false lawsuit crime,this paper studies and puts forward his own opinion on the controversial part and the less research problem,besides the objective act of fabricating the facts,the fictitious part fact,the falsification of the evidence and the change of the lawsuit request all belong to the act of the false lawsuit crime;The concealment of the truth is also the act of false lawsuit crime.The subjective element of the crime of false lawsuit does not take the purpose of illegalpossession,and this crime does not include the subjective mentality of criminal negligence.The subject of false lawsuit crime includes the defendant who conspired with the plaintiff and the third person with the right of independent claim,the defendant who is the respondent and the third person without the right of independent claim is not the main body of the crime.In view of the protection legal benefit of the false lawsuit crime,this crime should be the result crime,taking the court as the standard.According to the provisions of items 3rd and 4th of article 35 th in the Criminal Law Amendment(IX),in relation to the number of crimes,it is more reasonable to execute as implicated offenders in the judicial application.For the complicity cognizance,the judicial staff and the general perpetrator who brought up the false lawsuit cannot become the common criminal,and the perpetrator who brought up the false lawsuit may set up the instigator of the crime of civil law-making.