Research On Some Problems Of The Crime Of False Litigation

For Modern China,citizens' awareness of safeguarding their rights is getting stronger and stronger.People have fully realized that it is necessary to claim their legitimate rights and interests through normal judicial channels.This way of claiming rights and interests has not given some lawless elements a loophole,some people get the support of the court through the judicial way and blatantly infringe on the legitimate rights and interests of others,which not only disturbs the normal judicial order,but also seriously infringes the legitimate rights and interests of others.Today,the number of cases handled by the judiciary has been soaring year by year,and many people seek improper benefits through false litigation,which undoubtedly adds to the pressure on the judiciary to handle cases and disturbs the good judicial order,it also has a negative impact on the credibility of the judiciary.People should not pursue their illegal aims through legal proceedings.In 2015,China's Criminal Law Amendment(IX)article 307,one of the addition of the crime of false proceedings,that is,within the scope of the Criminal Law on the false proceedings of the illegal phenomenon of the crime has been regulated.The establishment of the crime of false prosecution has aroused the discussion in the theoretical circle,and there has been a great controversy on the understanding and application of this crime.Accordingly,in2018,the interpretation on certain issues of the law applicable to criminal cases involving false prosecution(hereinafter referred to as the interpretation)was issued,the interpretation provides a legal basis for dealing with the relevant disputes of the crime of false litigation in judicial practice,but there are still many problems in judicial practice and theoretical circle that need to be solved.Therefore,this article carries on the detailed discussion to the false lawsuit crime implementation behavior and the crime pattern two aspects,through to the false lawsuit crime "fabricates the fact",the conviction standard confirmation and the accomplished confirmation carries on the careful analysis,hope for the relevant departments in the conviction of charges to provide reference.