Research On The Crime Of False Litigation

An important symbol of a country ruled by law is that the individual's words and deeds,as large as the state's political system,need to operate in the framework of the rule of law,govern the country according to law,act in accordance with the law,respect and believe in the law.As a legal means,litigation plays an increasingly important role in modern society.People will inevitably have disputes over rights and obligations in social interactions.In the past,the first remedy that people thought of was “private settlement”,and with the rule of law society The most secure and effective way to maintain its standards and maintain its rights and interests is to choose to go to court for litigation,and litigation has gradually become the main choice for people to protect their rights and interests.However,there are always advantages and disadvantages in everything.Most people use litigation to protect their legitimate rights and interests.However,some parties with unlawful purposes use litigation activities as a means and a tool to realize their illegal interests.Therefore,false litigation occurs from time to time.In recent years,false litigation has occurred from time to time,and such cases received by courts at various levels have gradually increased.False litigation damages the legitimate rights and interests of others,but also damages the judicial authority,making the judicial resources a lot of waste.In the long run,it is extremely unfavorable to the construction of a society ruled by law.False litigation is highly deceptive and it is difficult to make judgments easily.Once it is "smoothly carried out",it is the maintenance of illegal interests,the judicial authority,and even the lawless elements have followed suit.Under the appeal of people from all walks of life,the Criminal Law Amendment(IX)added the crime of false litigation,followed by the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of False Lawsuits".And judicial interpretation is a punishment mechanism for the fabrication of facts and the pursuit of illegal interests in civil litigation.The execution of the crime of false litigation and the implementation of judicial interpretation make the judge have sufficient basis in dealing with false litigation,which is conducive to the legality of the crime in the trial.This article is divided into four chapters.The first chapter is the legislative purpose and process of the crime of false litigation.It expounds the legislative and judicialpurposes of this crime,introduces the enlightenment of other countries' legislation to China,and draws on the legislative process based on our country.Conducive to a better understanding and mastery of this crime.The second chapter introduces the application of false litigation crimes after the execution of the sentence,including the overall situation of such cases and the specific trial situation,from the perspective of the occurrence,type distribution and case settlement of criminal cases in false litigation,combined with conviction The analysis of sentencing and joint crimes gives the effect of the implementation of the new law.The third chapter is mainly about the problems in the legislation and judicial application of false litigation crimes,including the resolution of difficult problems in criminal law amendments and judicial interpretations and the problems still to be solved in legislation and judicature.The fourth chapter is the last chapter of this thesis.The main content is to elaborate the countermeasures for the false litigation crime.The criminal litigation crimes in the false litigation crimes are not clearly defined,the scope of application is too narrow,and the punishment mechanism is not perfect.Detailed analysis,so as to put forward targeted recommendations,the legislation to promote this crime is continuously reasonable and sound,and better guide judicial practice.