Research On The Crime Of False Litigation

Article 35 of the Criminal Law Amendment(9)of the People's Republic of China has newly added the crime of false litigation,which is specified in Article 307 of Chapter 6,Section 2 of the Criminal Law,Crimes of Obstructing Justice,which has ended the long-term The theoretical disputes over whether false litigation has been convicted,how to set charges and penalties have filled the legal gap,and formalized the unified conviction and sentencing in the practical world.It also means that the study of false litigation is passed from the civil field.In the criminal field,we have moved from the legislative link to the judicial link.At the same time,the new regulations are not only manifested in the establishment of a new crime,but also have different characteristics from other crimes of obstructing justice in terms of the concept of crime,the object of crime,criminal behavior,the number of crimes,and the identification of accomplices.The study provides new topics and poses new challenges to how the judiciary implements them.In addition to the introduction and conclusion,this article consists of four parts.The first part is an overview of false lawsuits,divided into four parts.The first part analyzes the concept of false litigation from the perspective of the subject,purpose,method and object of the criminal act.The second part analyzes the connections and differences between false litigation and abuse of power,malicious litigation,litigation fraud and litigation fraud,and believes that the above concepts cannot comprehensively and accurately cover all types and characteristics of false litigation.The third part is based on violations.The object or the subject of the crime is the standard to classify the types of false litigation,and to better understand false litigation.The last part is an introduction to the legislative history of false litigation crimes.The addition of false litigation crimes has been linked from the civil field to the criminal field.It has settled the controversy over whether to be guilty.The extent of sentencing related to false litigation.The second part discusses from the aspects of "criminal object","obstruction of judicial order" and "serious violation of the legitimate rights and interests of others".The first part introduces the classification of the criminal object in the theoretical circles.It challenges the scholars' view that the false lawsuit crime is a complex object or "real choice of object".Choose relationships,but progressive relationships.Combining with the content of the "Interpretation",it is suggested that "gravely infringe upon the legal rights and interests of others" be changed from the constituent elements to the circumstances of severe punishment or the conditions of punishment,which is considered to be more logical.In the second part,it is first made clear that the “judicial order” in the crime of false litigation refers to the normal activities of the judicial organs,including trial activities,mediation activities,and enforcement activities.Propose a certain plot of conviction.In the third part,the definition of "serious violation" also needs to be quantified.The judge needs to make a comprehensive judgment based on civil theory,and clarifies that the interests of others include natural persons,legal persons,other organizations,social public and national interests.As for "legal rights",it should correspond to "civil rights and interests" in the civil field,including both property interests and personal interests,which are also protected.The third part,this chapter is divided into two parts,combining the relevant theory of civil,to analyze "fabrication of facts" and "file a civil lawsuit",and put forward their own views on this basis.The first part is the understanding of “fabricated facts”.First,the understanding of “fabrication”,this article believes that “fabrication” refers to the creation of nothing,and “concealing the truth” is not a form of inaction.It is essentially a “fabricated” way.And "fabrication" should not include forms of inaction.In addition,"partial tampering" is also a fabrication method and still requires criminal regulations.There is also an analysis from the perspective of legal interpretation.The subject of fabrication is not limited to the person who brought the suit,but may use the fabrication of facts by others.As for the so-called "facts",it is necessary to judge whether to bring a civil lawsuit.The second part is about the understanding of "initiating a civil lawsuit".The definition of "introduction" should be based on the time of the court filing and the scope of punishment is impartial.It also analyzes that the subject of "initiating" can only be the plaintiff or have the qualification of plaintiff.Other parties involved in conspiracy to false lawsuits can be treated as accomplices.The "civil action" in the crime of false litigation should be specifically interpreted as "civil action",so as to include civil trials,special procedures,supervision procedures,public reminder procedures,and enforcement procedures.The fourth part introduces the criminal form of the false lawsuit crime,which is divided into three parts for discussion.In the first part,it is clear that the crime of false litigation is a crime of conduct.Based on the scope of the above-mentioned "civil litigation",the corresponding completed standard is formulated.The second part discusses the number of crimes of false lawsuit crimes.It mainly introduces the existence of one crime,including one substantial crime(including imaginary joint offenders and aggravated offenses),one offense(including implicated offenders and consecutive offenders).And a statutory crime(a false agreement with a false bankruptcy).The third part is used to implement the subject as the dividing standard.It is discussed in the type of unilateral infringement.When there is only the plaintiff,there is an accomplice relationship with other litigation participants and judicial staff.In the malicious collusion type,the plaintiff and the defendant conspired to implement Establishment of accomplice in false lawsuit.