Research On The Basic Problems Of The Crime Of False Litigation

With the rapid development of China's economy,the cases of false litigation have a high incidence.After the 19 th National Congress of the Communist Party of China,the state put forward new requirements for high-quality development.An important guarantee for high-quality development is the guarantee of the rule of law,the construction of a society ruled by law,of course,including the justice of justice.In a country under the rule of law,judicial justice cannot be easily damaged.Obviously,false litigation seriously infringes judicial justice and authority.On the one hand,the false litigation impairs the credibility of the judiciary and infringes on the legitimate interests of the people.On the other hand,the false lawsuit hinders the people's yearning for a better life.As the final guarantee of fairness and justice,the lawsuit is false.How to bring a better life to the people.But for this new crime,there are still many disputes in theory and practice.In order to better protect the legitimate rights and interests of the people and better combat the crime of false litigation,it is important to study the basic issues of the crime of false litigation.At present,the disputes on this crime focus on the category of false litigation,the subject of the crime of false litigation,the form of accomplice of the crime of false litigation and so on.False litigation refers to the behavior that the actor brings a lawsuit to the people's court by fabricating facts,which infringes the justice of judicial order and damages the interests of the third party.The constituent element of the crime of false litigation "the civil litigation brought" should be interpreted as all the civil litigation procedures,of course,including the execution procedure,as well as the criminal incidental civil litigation and the administrative incidental civil litigation.Criminal litigation and administrative litigation can't be the research category of false litigation,because these two lawsuits involve the dispute between the unequal subjects,that is,the public power department of the state has participated in these two litigation procedures,and the author also thinks that the civil arbitration procedure is not included,because arbitration is not a litigation procedure,maybe arbitration involves the fairness and justice of law enforcement,but It can't be regulated by this crime.In the crime of false litigation,the behavior of the actor's fabricating facts,the extent of which may be all or part of the falsification,the fabricating facts should be objective and real facts,which can be the false facts fabricated by the actor himself or by others.The fabricating behavior should be the way of action and the fabricating behavior It is enough to cause the substantive change of the rights and obligations of the parties or the act is enough to cause the judges or other judicial staff to believe the fabricated facts,thus affecting the fair judgment in the trial activities.The main reason that criminal suspects dare to take the risk of being punished by criminal law is driven by interests.The most common situation is that the perpetratorof false litigation wants to cover up his illegal purpose through seemingly legal proceedings,thus infringing the interests of others.Of course,the perpetrator of false litigation may also try to possess the non property interests of the third party,but these non property interests are also likely to bring property interests to the criminal suspect.The accomplishment of the crime of false litigation should be analyzed in combination with the types of legal interests it infringes.From the perspective of infringing the judicial order,the crime is an act crime,which is accomplished by bringing a lawsuit to the court and filing a case.The form of the accomplice of the crime of false litigation is mainly the combination of the plaintiff and the defendant,including the accomplice with other litigation participants.If the judicial staff participate in it,it may involve the imaginative concurrence of this crime and that crime.The most serious problem of the crime of false litigation is that it violates the judicial order,destroys the purity of the judicial system,and impairs the authority of the judicial system,which is not tolerated by the country ruled by law.