Research On The Crime Of False Litigation

With the progress of the times and the development of economy,the ways in which lawless elements seek illegitimate profits are also increasingly diverse.Some of them took the method of filing false litigation in an attempt to use public power to realize their illegal purpose.False litigation not only impedes the normal functioning of the judicial order,but also undermines the legitimate rights and interests of other citizens and legal persons in most cases.The Amendment to the Criminal Law(IX)formally sets the crime of false prosecutions as an independent charge,which provides an important legal basis and system guarantee for the regulation of false litigation.This article explores and analyzes the related problems in the theory and practice of the crime of false litigation,which is divided into four parts.The first part mainly analyzes and combs the objective elements of the crime of false litigation.First of all,it introduces the object of the crime of false litigation as a complex object,and analyzes and interprets the normal operation of the judicial order and the legitimate legitimate rights and interests of others.The judicial order should be identified as the main object of the crime of false litigation,because obstruction of the judicial order is a necessary and sufficient condition for infringing upon the legitimate rights and interests of others.After that,it introduces the objective aspects of the crime of false litigation,defines the concrete manifestation of the act of enforcement,and cites the common types of several types of crime of false litigation which are higher in practice and sorts out the specific forms and characteristics of the crime.The second part mainly introduces some foreign countries' means and methods of regulation of false litigation.It selects the representative countries of civil law countries as Germany and Japan as well as the most typical American in Anglo-American legal system as a reference,and puts forward the direction of reference and reference with the reality of our country.The third part mainly introduces the judicial cognizance of crime of false litigation.Since there is not direct and clear guilt in the criminal law before the promulgation of the Criminal Law Amendment(IX),the judicial practice mainly focuses on the charges of fraud,impeding the testimony and other acts that are indirectly connected with the acts of false litigation Evaluation and regulation.Therefore,these charges have much similarity with the constitutional elements of the crime of false prosecution.In this section,we will distinguish and introduce the differences between similar crimes and false crimes.At the same time,due to the fact that the "Code of Criminal Procedure" also stipulates the criminal lawsuit of collusion type,in order to avoid it being neglected,this section also briefly analyzes the distinction and difference between the criminal lawsuit and the criminal lawsuit.After that,it introduces the form of the crime stop and the rules of punishment in the crime of false suit.It is suggested that the crime should be regarded as the result crime.At the same time introduced different types of accomplice morphology and the number of forms of crime.The fourth part mainly analyzes the existing problems in the law of false accusation and the corresponding solutions.First of all,the provisions of crime of false litigation on the criminal object lack of logic,the two objects should not be tied for the relationship between the class selection should be hierarchical relations should be based on violation of the normal judicial order as the standard of judgment,to infringe upon the legitimate rights and interests of others as the plot increased condition.At the same time,the crime on the sentencing rule is that the sentencing range is incompatible with the entire criminal law system and the second is that it lacks the concrete criteria for determining the plot.Due to the generality of the means of implementation of the charges,it would have easily competed with other charges,coupled with the problem of the setting of its penal system,which would lead to being fraudulent in the event of competing for a felony.For the above situation,we should first of all regulate and regulate the legal system of the lawsuit of false litigation at the legal level.At the same time,judicial interpretation should be introduced to elaborate the detailed circumstances of the circumstances.At the same time,we should clarify the specific standards of the boundary between the people and the people.Finally,we can draw lessons from the system of judicial integrity list in the United States and regulate the lawsuit of false litigation in the way of precautionary measures.