Study On Several Issues Of The Crime Of False Litigation

The "Criminal Law Amendment(9)" criminalizes false litigation and establishes false litigation crimes,solving the vacuum of regulating false litigation from the legislative level,and it also provides clear conviction and sentencing norms in the field of judicial practice.From the revision of the Civil Procedure Law in 2012 to the establishment of the crime of false litigation,the regulation of false litigation has stepped from the civil field to the criminal field,and the regulation of this type of behavior is more diversified and more three-dimensional.From the establishment of the crime in 2015 to the promulgation of the judicial interpretation in 2018,there have been clearer norms for combating false litigation in judicial practice.However,the following problems still arise: in the provisions of this crime,the "or" connection between the two legal interests of the infringement has led to disputes regarding the understanding of the protection of the legal interests of this crime.The simple object,complex object,and selective object are different from each other.The term;because the description of the false litigation behavior in the crime is too simple and abstract,the objective aspects of the false litigation behavior are not comprehensive,and improper application has appeared in judicial practice;due to the controversy regarding the protection of the legal benefits of this crime,the definition of this crime is controversial.Whether a crime is committed by behavior or as a result of the crime is in a difficult situation,and the standard of accomplishment cannot be determined well.In addition to the introduction and conclusion,this article is divided into four parts.The specific content is arranged as follows:The first part of the article combs the status quo of judicial application since the crime of false litigation was convicted.Taking the promulgation of civil regulations,criminal regulations and relevant judicial interpretations of false litigation acts as the key nodes,a large number of cases have been collected and the differences in the number,methods and characteristics of related cases have been compared.Through empirical analysis,the characteristics of false litigation crime in judicial application are summarized.It is mainly reflected in the relatively light sentencing,the inconsistent conviction standards and the inconsistent sentencing standards,and the poor connection between civil and criminal procedures.The second part discusses the legal benefits of protection of false litigation crime.It introduces the different views on the protection of legal interests of this crime,and compares the theoretical characteristics of the single object theory,the complex object theory,and the selective object theory.The single object theory improperly limits the legal benefits of the crime protection,and the traditional complex object theory is in the primary and secondary objects.Controversial.In contrast,the selective object theory has selective theoretical advantages and equal protection of the two legal interests.Therefore,the selective object theory should be used as the protection of the false litigation crime.The third part discusses the objective aspects of false litigation.First,it explains the related concepts,and makes the concept of false litigation more clear by comparing with civil false litigation,litigation fraud,litigation fraud,malicious litigation,etc.Secondly,based on the protection of the legal benefits of this crime as a selective object,it discusses fabricating facts,filing and civil lawsuits respectively,and clarifies the boundary between crime and non-crime.Finally,compared with other acts of obstructing justice,it distinguished between the crime of false litigation and acts of obstructing testimony,helping to destroy and forging evidence,and clarified the boundary between this crime and that crime.The fourth part discusses the criminal form of false litigation crime.From the standpoint of selective object theory,whether this crime is a behavioral or consequential crime should be treated differently in terms of protection of legal interests: this crime is a behavioral crime when it interferes with judicial order,and it is a consequential crime when it seriously infringes on the legitimate rights and interests of others.Discussed the standard of completion of this crime according to the situation,proposed to consider the sign of completion in the time node of the civil litigation process,and discussed other forms of cessation of the crime of this crime.Using the theory of imaginary coopetition relationship and implicated relationship,the number of crimes of this crime is determined.The false litigation behavior is classified based on the behavior method,and the accomplices of this crime are compared from the unilateral infringement type and malicious collusion type respectively.