Research On Judicial Cognizance Of False Litigation Crime

The false letigation crime is a new one in Amendment ? of the Criminal Law.In 2018,the Supreme People's Court and the Supreme People's Procuratorate made corresponding provision for it.As a new crime,there are many theoretical and practical problems needed to be discussed in judicial determination.In this thesis,under the instruction of the theory,many problems of this crime in judicial determinatiom will be analyzed including constitutive elements,criminal forms as well as the boundery with those easily confused crime.The first part is about the judicial determination of the false letigation.In this thesis,three disputed aspects in judicial determination will be discussed including the subject,objective aspect and the object.In the subject,it focuses on the subject qualification of the defendant and the third party outside the case in the false letigation;In the objective aspect,it talks about how to define “the false fact” in it,the behaviours and the results of the crime;in the object,the essence of the object in the crime will be explored by analyzing the “dual object”.The second part is about how to identify the form of the crime of the false letigation.The form of the crime invloves the forms of cessation,accomplice and number of crimes.As for the form of cessation,it is introduced whether the crime of false litigation is a "behavior crime" or "result crime".And suggestions will be offered on the standards for the determination of the crime from the point of judicial practice.;concerning the form of accomplice,the thesis focuses on the disputes on the instigator and the helper.As for the form of the numbers,the disputes on theimaginative joinder of offenses and implicated offenses will be discussed.The third part is about the determination of the boundary between the crime of false litigation and other crimes.In this question,the thesis talks about many crimes which are easily confused with the false letigation such as fraud,crime of hindering testimony,crimes of making or destroying forged evidence.In this thesis,the essence of the judicial determination will be analyzed by theoretical research and case analysis.and it was hoped to be available to the identification of the crime of the false letigation.