| False litigation in criminal law refers to the act of filing a civil suit based on fabricated facts,obstructing the judicial order or seriously infringing on the legal rights and interests of others.The legal benefits of false litigation are the plural legal benefits of the judicial order and the legal rights and interests of others.As a collective legal interest,the judicial order has a high degree of abstraction.Therefore,in order to protect human rights and avoid the improper expansion of the punishment circle for the crime of false litigation,the “obstruction of the judicial order” in the elements of this crime should be strictly interpreted,which will impede the judicial order.The behaviors are limited to three types: disrupting judicial activities,severely consuming judicial resources,and damaging judicial credibility.In a false lawsuit that seriously impairs the legal rights and interests of others,there is a one-way progressive relationship between the judicial order and the legal rights and interests of others in terms of damage to cause and effect.That is,a false lawsuit that seriously infringes on the legal rights and interests of others must impede the judicial order,otherwise it is not established.This also stems from the pre-protection of legislation to use the judicial order belonging to the category of collective legal interests to protect the legitimate rights and interests of others belonging to the category of individual legal interests.The legal interest protection method of superior legal interest has the best protection effect on the legal interest of false litigation.Among them,the judicial order is the dominant legal interest,and the legal rights of others are the secondary legal interest.The possibility of sin.The practice of the crime of false litigation is "to bring a civil suit based on fabricated facts".Among them,"made-up" includes the actor’s self-made and other-made.The scope of "fabrication" covers "out of nothing" type of fiction and falsification of important facts,and the behavior of "fabrication" is limited to acts.Only those facts that are sufficient to cause the civil legal relationship to occur,change,and disappear,and that can affect the judge’s fair decision,can be considered as “facts” in the conduct of false litigation."Filing" refers to the act of the plaintiff submitting a specific lawsuit request to the court based on a certain fact.The counterclaim can also be evaluated as "filed".The time point of "filed" is the day when the court officially filed the case."Civil litigation" includes all types of litigation applicable to civil litigation procedures,and arbitration is not a civil litigation. |
