Criminal Regulations For False Litigation

With the advancement of the rule of law in China,it is becoming more common for citizens to settle disputes and resolve conflicts through litigation.In particular,the reform of the case registration system with emphasis on litigation is mainly emphasized on formal examination,which makes it easier for civil cases to enter litigation procedures.However,because the civil procedure follows the principle of party autonomy and the parties have the power to punish their own claims,this also provides an opportunity for criminals to exploit legal loopholes and seek benefits through litigation methods of fictional case disputes and falsified evidence.False lawsuits are harmful to the judicial order and to the legal rights and interests of others.China 's Civil Procedure Law provides for compulsory measures,and the Criminal Law Amendment(9)adds the crime of false lawsuits.Judicial interpretation of litigation ",these series of measures have all played a role in sanctions for this behavior.However,because the false litigation acts take place in civil lawsuits,and the lawsuit is used as a cloak,it is highly concealed.In addition,the Criminal Law and the Civil Procedure Law have overlapping definitions of the meaning of false litigation,and many problems have also been exposed in the connection between criminals and citizens.Therefore,there are still many questions about the criminal regulations for false litigation,which need to be further analyzed:The first part is the question.This part selects several representative cases,introduces the implementation of the crime and the judgment ideas from different angles,and analyzes the conflict between the judgment result and the law and the dilemma of the judgment,so as to point out some of the judicial practice problem.The second part is an overview of false litigation.This part starts with the judicial status of the act,analyzes its social hazards,and points out the characteristics of the type,concealment,and polarization of litigation against false litigation,and makes a simple distinction between the concept of easyand false litigation.The third part is an analysis of the implementation dilemma of the current legal system.This section expounds the obstacles in obtaining evidence,the "partial tampering" type of false litigation,the nature of which is unknown,the number of crimes and the type of crime,and other issues,so as to expose the criminal law's problems in regulating false litigation.The fourth part is the path of criminal regulations for false litigation.This section is mainly for the third Respond to some of the issues raised and propose solutions.For example,accelerating the development of artificial intelligence and big data,enriching evidence collection methods,and providing important support for judicial staff to grasp the perpetrators' crimes and evaluate false lawsuits;excluding the application of false lawsuit crimes of “partial tampering” false lawsuits,It also conducts qualitative treatment in accordance with the relevant provisions of the Criminal Law;incorporates false litigation crimes into the scope of investigation by the procuratorial organs,further clarifies the system of private prosecution for false litigation crimes,and adheres to the principle of leniency and strictness when defining its criminals.