Comments On The False Litigation Cases Of Zhu And Li

With the civil litigation becoming more an d more the first choic e of people’s daily activities,the u se of civil litigation f or false litigation,inf ringement of the legitimate rights an d interests of othe rs is incre asing.In the crime of f alse litigation,litigation is only a me ans,and the perp etrator often h as the purpos e o f infringing the legitimate rights and inter ests of others,among which infringing the property rights a nd interests of others is the most common.The cas e of Zhu and Li selected in this paper is a typica l case of false litigation of property infringement.The dispute focus of this case focuses on the diff erenc es between the current judicial o rgans in the practic e process on the constituent elements of the crime of false litigation and the standa rds of infringement o f legal interests.Through the study of the main cas e and five auxiliary cases,the paper holds that the above problems are mainly reflected i n the following aspec ts: 1.The court’s attitude towa rds "co ncealment" and "pa r tial tampering" is inconsistent when identifying differ ent types of false acti ons;2.The court’s understanding of "impeding the judicial order or seve rely infringing upon the pr operty rights and interests" is differe nt,which leads to the disunity of the standard o f incrimination;3.The judge There ar e differ ent interpretations on the third paragr aph of 307-1 o f criminal law,which leads to confusion i n its application.Focusing on the focu s of six typical judici al cases,this paper di scusses in detail the practic e of the cr ime of false litigation and the leg al intere sts protected by this crime.It expoun ds the degree o f harm and the relationship between the two legal interests,the judicial order infringed by the crime of false litigation and the property rights and interests.It also cl arifi es the attributes and c haracte ristics of the third par agraph o f 307-1 of the criminal law P ut for ward the viewpoint and summariz e it.The p a per holds that the "f abricated" facts in th e crime o f f alse litigation cannot be m ade in the way o f "co ncealment",and "part ial falsification" should be discussed in different types of false litigation.There is a supplementary rel ationship between the judicial order and the legitimate rights and interests of others in the criminal ob ject of the crime of false litigation.Although the interfe rence o f beh avior to the judicial order d oes not rea ch the degree of entering in to the crime,it can a lso be convicted of t he crime of false litigation if it cause s serious consequen ces of infringing up on the legitimate rights and interests o f others.Wh en ther e is concurren ce b etwe en the c rime of false litigation of property infringement an d the crime of fraud,it is necessa ry to confirm whether the perpetrator actually owns the property of others or evad es the debt,and then ch oose to apply the provisions of the third paragr aph of article307-1 of the c riminal law.Although Zhu and Li filed a lawsuit o n the basis of the objective legal relati onship,although they conce aled or fo rge d evidence,they did not constitute the abuse of the right of action.Although their actions did not exceed th e nec essary limit of hindering the judicial order in th e crime of false litigation,they caus ed the consequen ces of the court’s er ro neous eff ective judgment,so the provisions of article 307 of the criminal law should be applied.In addition,since th e perp etrator has no t yet used the e ffe ct ive judgment to actually occupy the victim’s property,the provisions of the third parag raph of article 307-1 o f the c r iminal law cannot be applied.There fore,the conviction and sentencing of Zhu an d Li with the crime o f false litigation can more ac curately reflect the n ature o f their behavior,whi ch is in line with the prin ciple of criminal law.