Research On Related Issues Of False Litigation Crime

With the rapid development of the economy,people's legal awareness continues to increase,and more and more cases of civil disputes are involved.Among them,there are no shortages of people who,in order to pursue their own illegal purposes,take legal forms of lawsuits to obtain illegal interests and have serious social harm.The Civil Procedure Law can only punish unlawful false lawsuits and can not crack down and punish criminal acts.For this reason,in order to better prevent and punish crimes,the "Criminal Law Amendment(IX)" added the crime of false lawsuits,but there are many disputes about how to understand the crime.This article will explain the relevant issues of false lawsuits.This article contains the following four aspects.The first part:The summary of the crime of false lawsuit.It mainly introduces the concept and characteristics of the crime of false lawsuit as well as the legal provisions of some countries outside the domain.The second part:the criminal constitution of false lawsuit.This sin is a complex object,that is,the order of justice and the legitimate rights and interests of others.For the objective aspects of false lawsuits,it is necessary to accurately grasp the fields where fabricated facts and false lawsuits occur,and the crimes of false lawsuits are not limited to the type of malicious collusion.At the same time,it is necessary to define the crime's incriminating standards according to the amount and circumstances.As far as subjects are concerned,they include not only natural persons but also units.Subjectively,this sin is direct and intentional,and it does not mean that the pursuit of improper interests constitutes a subjective element.The third part:Judicial confirmation of the crime of false lawsuit.First of all,the author believes that the crime is a result of the crime,the existence of crime preparation,attempted and suspended.Secondly,it is necessary to accurately grasp the issue of accomplices of this crime,especially the issue of joint crimes committed by judicial staff and the parties involved.Third,regarding the issue of the number of crimes of this crime,it is necessary to solve the problem of the imaginary cooperation and involvement of false crimes and other crimes.Finally,it is necessary to clarify how the crime of false lawsuit applies in judicial practice.The fourth part:The legislative perfection of false lawsuit.First of all,it is necessary to establish legal punishments through legislation and establish additional qualifications.Secondly,through judicial interpretation,the boundary between crime and non-crime is clearly defined,and the criteria for serious cases and fines are used to solve the problem of conviction and sentencing in judicial practice.