Research On Accomplished Form Of The Crime Of False Lawsuit

Regarding the completed standard of the crime of false lawsuit,in our country's criminal law theory,there are the standard theory of conduct crime,the standard theory of result crime,and the standard theory of behavior crime and result crime.The standard of behavioral offense states that as long as the perpetrator has committed false lawsuit,it will constitute an attempted crime.This view makes it difficult to make a comprehensive and accurate evaluation of the situation provided by the criminal law,and it violates the principle of restraint of the criminal law.The criterion of result crime is that the crime of false lawsuit is a result crime,and the occurrence of a statutory harmful result is an established standard.This not only helps to distinguish between general civil illegal acts and criminal offenses,and to achieve the connection between civil penalties.It can also effectively distinguish the criminal forms of false lawsuit crimes and realize the compatibility of responsibilities,punishments and punishments.The views are consistent and more reasonable.The standards of behavioral crimes and convicted crimes argue that the crime of false lawsuits is a crime of crimes for obstructing the judicial order;the crime of false lawsuits is a crime of crimes for serious violations of the legitimate rights and interests of others.This view is contradictory in the determination of the form of crime cessation and it is difficult to effectively guide judicial practice.The completed form of the false lawsuit crime of obstructing the judicial order should be judged according to the legal benefits,acts and consequences of this type of false lawsuit crime.The legal benefit violated by this crime is the civil judicial order.The perpetrator's false litigation behavior is objectively manifested in bringing a civil lawsuit with fabricated facts,and the behavior must also produce a legally harmful result that obstructs the judicial order.In academia and judicial practice,there is no unified standard for the determination of this type of false litigation.There are representative views such as the claims,admissibility,trial,and court decisions.Although the standards are discussed from different aspects,There are also some limitations.The crime of obstructing the judicial order-type false lawsuit should be based on the fact that the false lawsuit brought by the perpetrator entered the substantive trial stage of the court.The completed form of the false lawsuit crime of serious infringement on the legitimate rights and interests of others must also be guided by the legal benefits of this crime,and judged based on the objective requirements of this crime.This crime violates the dual legal interests including judicial order and the legitimate rights and interests of others.The perpetrator's false action is also objectively manifested in a civil lawsuit based on fabricated facts,but this action causes a harmful result that seriously infringes on the legitimate rights and interests of others.At present,the determination of the completed form of this crime mainly focuses on the infringement of false interest on property interests,neglects non-property interests,and there are imperfections.In determining the completion of this type of false lawsuit crime,it is necessary to comprehensively consider the various elements related to the false lawsuit,and determine it based on a comprehensive analysis based on the specific circumstances of the case.Specifically,it mainly includes the actor's false lawsuit infringing on the property interests of others,the non-property interests of others,as well as the interests of the state and the public interest of society.