Criminal Regulation On False Litigation

With the advancement of the rule of law in China,the people's awareness of using legal weapons to defend their legitimate rights and interests and to set aside disputes has gradually increased.At the same time,however,false litigation refers to the act of bringing a civil action against fabricated facts,obstructing the judicial order or seriously infringing on the legitimate rights and interests of others,and especially on the other side of the coin,destroying the judicial ecology of our country and infringing upon it.The authority and purity of the judiciary have also caused damage to the legitimate rights and interests of innocent parties.The crime of false litigation has been added to the crimes of the Criminal Law Amendment(IX).The academic circles and practice have always been controversial and have been heatedly discussed.Therefore,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases in False Lawsuits",which was officially implemented on October 1,2018.This interpretation is for the judicial personnel to handle false claims.Relevant criminal cases provide important basis and reference.This interpretation has made thorough considerations in balancing the protection of the right to appeal and the fight against crime,and maintaining the criminal law,and played an important role in maintaining a fair and positive judicial environment.However,due to the novelty of the false litigation itself and the multi-domain nature of the false litigation,there are still a lot of problems in the criminal law system of false litigation.This paper attempts to analyze the significance of the setting of false litigation crimes under the current criminal law framework,combined with the specific cases in practice,analyzes the defects of the false litigation crime regulation,and carries out relevant thinking on perfecting the criminal law system of false litigation behavior.The article removes the introduction and conclusions into three chapters:The first chapter is an overview of false litigation.Starting from the current situation of false litigation,this paper analyzes the harm of the application of false litigation in judicial practice.Then it makes a qualitative analysis of false litigation,clarifies false litigation and related concepts,and summarizes the characteristics and types of false litigation in combination with typical cases..The second chapter is the theoretical controversy and judicial choice of the criminal law system of false litigation.First of all,starting from the constituent elements of the false litigation crime,through an accurate understanding of the "fabricated facts" behavior and the expression of "initiating civil litigation",in order to understand the subjective and objective aspects and subject and object of the crime more deeply;secondly,the crime of false litigation The analysis of the continuation form is analyzed,from whether the crime of false litigation belongs to the behavioral offense or the result of the offense,so as to clarify how the form of the false litigation crime is not determined;then the accomplice to the false litigation crime and the false litigation crime and its crime Study the problem together with the specific case to distinguish the crime of false litigation and fraud and the crime of nuisance testimony and the crime of helping to destroy or falsify evidence.The third chapter is the perfect path of the criminal law system.The first is to increase the intensity of civil litigation to identify false litigation: strengthen the substantive review of evidence,strengthen the review of the original and defendant litigation,and strengthen the implementation of supervision after the trial;secondly,establish a civil penalty docking procedure: set up The procedure of prosecution,confirming the prosecutorial agency's prosecution function,refining the falselitigation private prosecution system;finally accelerating the construction of the social credit system and establishing a false litigant list system.