Research On Objective Aspects Of The Crime Of False Litigation

The criminalization of false litigation is also a product of adapting to the development of the times.As the economy develops and the awareness of the rule of law rises,it is generally valued by people to take up legal weapons and defend their rights.But the ensuing abuse of the system is uncontrolled,and the forms and types of false litigation are also diversified.Investigating its essence,a false lawsuit is an act in which a actor initiates a civil lawsuit by fabricating facts,fictitious evidence,etc.,causing the court to fall into misunderstanding and make a wrong judgment to obtain illegal benefits from it.The main legal interest infringed by false litigation is the judicial order,and the primary legal interest to be protected is also the judicial order,and its obstruction of the judicial order and authority needs to be regulated by law.At the same time,violations of the interests of others are also protected by criminal law.In view of the fact that false lawsuits are complicated in practice,the provisions of the criminal law cannot fully give clear guidance.Although relevant judicial interpretations have also been issued,it is still necessary to discuss and study hot issues of concern.This thesis mainly discusses the crime of false litigation from an objective perspective.The first part is an overview of the crime of false litigation,through the understanding of the concept and the distinction between similar concepts such as litigation fraud,malicious litigation,etc.,in order to better understand the current false litigation.In addition,it pays attention to the treatment of similar acts abroad and the evolution of China's legislation,and horizontal comparisons to better understand the legislative background.The second part mainly analyzes the method of "fabricating facts".It can be divided into "positive fabricating" and "negative concealing".The positive behavior not only includes the most intuitive "Out of thin air",but also needs to cover the "partial tampering" behavior.In addition,the judicial interpretation needs a better connection for the act of "hiding some facts";From the perspective of behavior,there needs to be a clear definition of "unilateral fraud" and "malicious collusion".The third part mainly defines the scope of "civil litigation" and an analysis of "raising" behavior.Under the crime of false litigation,"civil litigation" needs to be considered in conjunction with specific practice;From the perspective of the judicial process,analyzing the "lifting" behavior helps to distinguish the line between crime and non-crime.The fourth part focuses on the harmful results of false litigation."Disrupting the judicial order" and "seriously infringing on the legal rights and interests of others" are the harmful results of the crime.The primary legal interest for the protection of this crime should be the judicial order.The protection of the legitimate rights and interests of others requires theperpetrator's actions to violate their interests,but at the same time it also impairs the judicial order.Therefore,it is necessary to adjust the "judicial order" and "legitimate rights and interests of others" in order to make the narrative more perfect.I hope that my thesis can summarize the existing research results,sort out the difficulties of the current false litigation crime,and make some suggestions for improvement,so as to better match theory with practice and make judicial determination more complete.