Determination Of The Crime Of False Litigation

The crime of false litigation is a new offence.It is used to regulate the frequent false lawsuits in the civil litigation field in recent years.The purpose is to ensure the normal conduct of judicial activities and protect the legitimate rights and interests of others from illegal infringement.The objects are the normal conduct of judicial activities and the legal rights of people.The normal conduct of judicial activity is the main object,and the legitimate rights and interests of others are secondary objects.Bringing civil litigation with fabricated facts is the practice of false litigation.Among them,the fabricated facts should be judged in terms of both form and substance.Formally,it must conform to the type of evidence specified in the Civil Procedure Law,which can actually affect the facts of the fairness of the case.Common means of fabricating facts are to falsify,tamper,and conceal evidence.Acts of bringing a civil action include counterclaims,appeals,special procedures,public notice procedures,and application execution.To correctly define the scope of civil litigation,criminal litigation,administrative litigation and arbitration are not civil litigation.The act of the actor using a shadow contract signed beforehand to bring a civil action to obtain illegal interest may constitute a false lawsuit.However,if the perpetrator filed a divorce lawsuit with the fact that the marriage relationship of the marriage was broken,it cannot be considered as a false lawsuit.In ordinary civil lawsuit,the crime of false litigation should be based on the beginning a court session as a standard.In the execution of the case,the crime of false litigation should be based on the putting on record as a standard.The act of filing a false lawsuit several times also constitutes a false lawsuit,which can be understood by reference to multiple thefts.And the act of submitting false prosecution materials to the court should be considered as the beginning of the crime.The behavior of the actor to fabricate the evidence can only be considered as a criminal preparation.Between the submission of the indictment and beginning a court session by the court,there is room for identification of the attempted and suspended crime.Malicious litigation in civil has a cross-relationship with the crime of false litigation.If a false lawsuit is found in the litigation,the court can decide to initiate civil enforcement measures or criminal sanctions procedures based on the specific circumstances of the case.The false litigation of the infringing type of money is in line with the constituent elements of the crime of fraud.The perpetrator's fraudulent use of false litigation to obtain court judgment and ultimately obtain the property rights of others constitutes the crime of fraud.Under normal circumstances,the relationships between the crimes of false litigation and fraud,the crime of accepting bribes,the crime of malfeasance,the crime of false bankruptcy are imaginary competition,and only need to choose the heavier offense to convict.False litigation does not meet the constitutional elements of extortion.The crime of false litigation usually constitutes a relationship with the provisions of Articles 307 and 280 of the Criminal Law,and only need to choose the heavier offense to convict.