An Empirical Study On The Conviction Standard Of False Litigation Crime

Civil procedure system is one of the important judicial systems to maintain social order and stability in our country,which plays an important role in deepening the rule of law today.However,the false litigation acts,which cause serious damage to the civil litigation system,gradually show the trend of high incidence and diversified types,made a negative impact on the stability of the national judicial order and the legitimate rights and interests of citizens.With the continuous exploration and development of the rule of law in our country,in 2015 through the "criminal law amendment(nine)" to add a new crime of false litigation,formally incorporate the crime of false litigation into the criminal law system,The criminal law and the civil procedure law begin to regulate the false litigation act at the same time,and complete the regulate the false litigation act connection,which makes this kind of behavior have the unified criminal law charge application.However,the fuzziness of the regulation of this kind of behavior make these kind of acts unclear in practice and easily confused with the application of other criminal charges.Based on this,this article take 164 judgments of false litigation as the starting point of empirical research,through the investigation of the problems existing in the judicial practice,and puts forward the research on the standard of conviction and punishment of the crime of false litigation.The purpose of this paper is to clarify the application of criminal charges of false litigation,to promote and guide the judicial application of the crime of false litigation.Through the analysis and summary of the total sample,this paper sums up the problems of criminalization of false litigation and the inconsistency of conviction and punishment standards in present practice.Because our country Civil Procedure Law and Criminal Law regulate this act at the same time,the definition is not clear,which leads to the low conversion rate from civil false litigation to false litigation in practice.A clear distinction should be made between the two elements.This paper defines the standards of criminalization of false litigation in order to clarify the applicable limits of the two laws.First of all,there are differences in the degree of conduct and the subject of the act,at the same time,there are different degrees of harm to the society in the two legal provisions on false litigation,"Making up facts to initiate civil proceedings" is the practice of the crime of false litigation,and the scope of fabricated facts should bebroadly interpreted,including those fabricated make up by yourself and by others.The concealment of facts shouid also be included in the interpretation of "fabricated facts".In addition,through the analysis of fabricated facts,the partial fabricated facts which have a substantial impact on the crime should also be included.On the basis of defining the elements of false litigation acts,"obstruction of justice order" as the standard of criminalization of acts conforms to the legislative provisions and the requirements of judicial practice,this standard should be divided into two kinds of cases:"the stage of the court starting the procedure of substantive trial" and whether or not it can achieve the degree of material harm to the judicial order according to the accumulative determination of the act.Although the standard of criminalization of false litigation has been defined above,through the analysis of the total sample,it is found that there are two problems in the application of this kind of crime in judicial practice.That is to say,the stopping form of the crime has not formed a unified understanding,and in the case of competing with other crimes,this kind of crime has been generalized and applied.On the problem of stopping form,this paper only discusses the accomplished state.Through the analysis of cases and comparison of theoretical disputes in academic circles,it is found that there is no unified standard in both practical and theoretical,this article regards "serious infringement of the legitimate rights and interests of others" as the accomplished standard for the crime of false litigation.Because the different purpose of the criminal will lead to the different degree of influence on the victim,we should consider the crime purpose,the degree of judicial resource waste,whether have obtained the judicial documents and so on.With regard to the concurrence of this kind crime,this article analyzes this kind crime,the crime of fraud and the crime of obstruction of judicial order.When a false litigation act offends multiple crimes at the same time,it should be punished in accordance with the principle of imaginative concurrence.When the act meets the constituent elements which have including relations with this kind crime,it should constitute the concurrence of the articles of law.Punishment is carried out in accordance with the principle that the special law is supeeior to the common law.In summary,this paper hopes to help the judicial practice by defining the standards of criminalization and practical application of false litigation.