The Empirical Research On The Judicial Application Of The Crime Of False Lawsuit

In practice,false lawsuit is concealed and complicated,causing infringement on the interests of others,seriously damaging the authority of the judiciary,and jeopardizing the development of the rule of nomocracy society.The regulation of false lawsuit are relatively simple,which has caused some disputes in theory and judicial practice regarding the definition of false lawsuit and the determination of false lawsuit crimes.Therefore,it is necessary to combine the judicial interpretation,academic theory and practical cases to discuss the standard of conviction and the basis of sentencing for the crime of false lawsuit.This article according to samples,classifies the types of false lawsuit based on fabricated legal relationships,analyzes the two legal benefits protected by the crime of false lawsuit,discusses the relationship between false lawsuit and other crimes,and also discusses the basis for sentencing.The criminal procedure connection and criminal private prosecution were discussed.