On The Objective Aspects Of The Offence Of False Litigation

With the rapid development of national economy and civilization,citizens in the legal concept and awareness has been continuously enhanced,when their legitimate rights and interests are violated by others,the choice of litigation methods to defend rights has gradually become the norm,but also become some people’s "criminal means." In order to achieve personal purposes,the actors brought proceedings on the facts or evidence that did not exist,in an attempt to legitimize their illegal interests with mandatory judicial instruments issued by the authoritative judiciary.Such acts will not only waste the country’s judicial resources,but also make the credibility of the judiciary to public suspicion,some false litigation will also infringe on the legitimate interests of others.This kind of litigation fraud seriously endangers the society,already has the penalty penalty,which is regulated by the legislator.In 2015,the Criminal Law Amendment(Nine)was introduced in China,for the first time in its article 307 clearly defined the crime of false litigation.The Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Certain Questions of the Law Applying to the Handling of Criminal Cases of False Litigation,"promulgated in 2018,further clarifies the scope of the criminal act of false litigation.On March 10,2021,the Opinions of the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice on Further Strengthening the Punishment of False Litigation Crimes(referred to as the Opinions)came into force,and the Opinions clearly defined the extension of how to identify false litigation crimes and "initiate civil proceedings".Since the introduction of the above-mentioned laws and judicial interpretations,there are different interpretations of the objective aspects of the crime of false litigation,and the dispute has adversity.This paper,combined with practice,needs to expound the objective aspects of the crime from three perspectives,in order to promote the realization of the goal of the accuracy of its crime determination.About the identification of "fabricated facts" in the crime of false litigation,the Interpretation provides only for completely fictitious fabrications and limited concealments of the truth,while in judicial practice there are other types of "fabricated facts" in judicial practice: "partial fiction" and "hidden truth" facts other than the full repayment of debts.Through the past theoretical research and practical cases to assist,the "partial fiction" and "hidden truth" situation in the "fabricated facts" reasonable analysis,and creatively according to the right to sue in the crime of false litigation "fabricated facts" to carry out a new classification,to build a new identification model-diversion mode,in order to effectively identify the false litigation behavior in practice.The content of "filing civil action" in the crime of false litigation,which part is divided into two aspects,on the one hand,the "initiation" behavior of civil litigation,including the subject and time node of the "initiation" act: "the subject of the act of initiation" in addition to the plaintiff,in the special circumstances of appeal,malicious collusion may also be the defendant,"initiation" of the act of the time node in addition to the date of filing on the spot,within seven days to review the filing date rather than the date of receipt of the prosecution materials for the "initiation" node more reasonable;From the perspective of false litigation,this paper understands and analyzes the definition of civil litigation,and points out that the "civil action" described in the crime may include civil enforcement procedure.As for the harmful results caused by the crime of false litigation,it is learned through the interpretation of the expression of the law which objects can be selected for the infringement of the act of false litigation crime.The crime of false litigation is not single in terms of protecting the object,in other words,the object of protection is more complex,as long as the crime is established,it will inevitably lead to the result of the violation of the judicial order,so the crime of false litigation belongs to the result.In judicial practice,it is determined that "obstruction of judicial order" can be carried out in a multi-level and step-by-step way,clearly dividing the line between civil and criminal acts,and realizing the close link between civil law and criminal law in procedure.After case study and research,it is found that the provisions of the law,that is,"serious infringement of the legitimate rights and interests of others",have no effect on the establishment of false litigation crimes,and for this reason,it is suggested that legislation should be made to delete the article and avoid redundancy of the law.