On Judicial Determination Of False Litigation Crime

Resolving private disputes through litigation is important manifestation of citizens' improvement of legal consciousness,and also significant symbol of a society or state ruled by law.Therefore,the number of lawsuits reflects the progress of a society ruled by law to some certain extent.With the continuous advancement of constructing legal state in China,the type and number of lawsuits have shown a sharp increase,especially since the implementation of accreditation by registration system on May 1,2015.At the same time,litigation disorders have occurred frequently,such as bringing civil procedure with false facts or cases,defrauding through litigation,and abusing litigation rights to disturb judicial order.In the Amendment of Criminal Law(IX),a special "crime of false litigation" is established to regulate the false litigation.The supreme judicial organ respectively introduced two judicial interpretations in 2016 and 2018,but there is still an issue that cannot be ignored,that is,the establishment of false litigation crime has not completely solved the determination of false litigation in judicial practice.Based on judicial data analysis of criminal cases of false litigation,this paper probes into some determination issues existing in false litigation practice,specific issues are presented as follows: First,the determination of crime and non-crime is vague.Regarding the legal liability of the perpetrator to perform false litigation,both the Civil Procedure Law and the Criminal Law have provisions.Most cases in judicial practice have not been transferred to the investigating authorities.The criminal and civil procedures for regulating false litigations have overlapped.The criminal and civil boundary standards for false litigations need to be further clarified and determined.Too low or too high standards will result in blank legal governance or overly harsh.Second,the limits between crimes are confused.The theoretical circles have different identification standards for the "fraud theory" or "false litigation theory" in the theory of false lawsuits of invasion of wealth.In judicial practice,the judgment of imaginary conspirators and implicated offenders in false lawsuits is arbitrary.Expanding the scope of the co-operation of the crime of false lawsuits,resulting in blurred boundaries between crimes.Third,the determination of crime patterns is disordered.Inconsistent conviction standards will eventually cause the arbitrary judicial determination of false litigation and it will be difficult to implement punishment.Therefore,on the issue of judicial determination of false litigation crime,we should give full play to the regulatory role of Article 307(?)of the Criminal Law,consider property infringement of false litigation,and cannot completely evaluated for the false litigation crime.In this paper,the main contents start from Article 307(?)of the Criminal Law,comb the basic theory of false litigation crime,analyze data through retrieving cases,summarize existing issues in judicial practice,and put forward feasible regulatory from the practical perspective.First,clarify the incrimination standards for false litigation,accurately grasp the meaning of “fabrication”,and make the criteria for incrimination more specific;second,when the crime involves multiple crimes,determine the handling of the competition flexibly.And clarify the boundaries between crimes;third,to accurately determine the form of the crime and unify the standard of false litigation as a result crime,that is,the completion of the false litigation not only requires the perpetrator to commit a specific criminal constituent element,but also legal The result of the crime is hoped to be able to deal with the spread of false litigation more effectively.