Analysis Of The “Fraud Litigation” In The Crime Of Fraud Litigation

The actors use the civil litigation mechanism to achieve illegal purposes of fraud litigation,which seriously hampers the civil judicial order and impairs the judicial authority.For this reason,Articles 112 and 113 of the Civil Procedure Law explicitly prohibit the acts of fraud litigation and set up corresponding legal consequences for such acts,that is,to reject litigation requests procedurally and to investigate criminal responsibility for serious acts.In accordance with the provisions of the aforementioned articles,the Criminal Law Amendment(9)adds the crime of fraud litigation,which lays the legal foundation for the criminal sanction of fraud litigation.Since then,the Supreme People's Court's Guiding Opinions on Preventing and Sanctifying Fraud litigation,the Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Questions Concerning the Application of Law in Handling Fraud litigation Criminal Cases(hereinafter referred to as "Interpretation")have been promulgated one after another,thus further realizing the rules of criminal sanctions for fraud litigation It is an example.In line with the appearance of the crime of fraud litigation,theoretical and practical understanding of the crime of fraud litigation is gradually deepening,from the elements of the crime to the specific elements of the identification.Among them,the core issue is the analysis of fraud litigation: first,the relationship between fraud litigation in the crime of fraud litigation,one of Article 307 of the Criminal Law,and fraud litigation in Articles 112 and 113 of the Civil Procedure Law;second,based on the protection of the legal interests of the crime of fraud litigation,what standpoint should be taken to carry it out? Explain and realize the rationality and suitability of punishment.Based on this,this paper intends to carry out research from three parts: First,with the time case as the breakthrough point,the core issue of this paper is what is fraud litigation? Specifically,according to the practical characteristics of the fraud litigation,it can be divided into two types: the "born out of nothing" and the "partly tampered with" type.Through demonstration,it is pointed out that the fraud litigation in Article 307 of the Criminal Law of China is limited to the "born out of nothing".Secondly,based on the high incidence of fraud litigation and the complex reality of facts,the author holds that the establishment of fraud litigation should be constrained based on the purpose clue.Finally,based on the clue of purpose,the author responds to the practical problems in the identification of fraud litigation crime,especially stresses that the identification of fraud litigation crime should grasp the boundary between penalty and civil reasonably,pay attention to the transformation between criminal procedure and civil procedure,and provide guidance for the effective solution of practical problems.