Empirical Research On Several Issues Of The False Litigation Crime

The number of cases of the false litigation crime is increasing year by year,this kind of cases mainly happens in the developed provinces,the types of cases involved are concentrated,the constituent elements are abstract but rich in contents,the manifestations are complex and diverse,and the behavior is concealed,etc.According to the singular and plural of criminal subjects,it can be divided into single and compound type.According to the different fabricated objects,it is divided into legal avoidance type,responsibility evasion type and property occupation type.According to the form of expression,it can be divided into the infringing and non-infringing type.According to the particularity of the subject and the new types of cases,there are false litigation crimes involving judicial staffs and false litigation crimes of the "routine loan" type.The core elements of this crime(methods,intentional content and legal benefits)are characterized by diversity and uncertainty.The difference between civil false litigation and criminal false litigation mainly lies in whether the two parties are required to "maliciously collude",and the degree of action and scope of influence are different.The key differences among the crimes of false litigation and the crime of refusing to execute the judgment or order,the crime of fraud,the crime of obstructing testimony,the crime of helping to destroy and the fraud of falsifying evidence are: types of legal interests,whether they have the purpose of illegal possession,the way and the degree of execution,the time point of entering the execution procedure,whether they have the ability to perform but refuse to perform,the subject of the litigation,the scope of the litigation procedure,the standard of completion,etc.It exists the pattern of crime number issue between the false litigation and the other crimes.