Research On The Stopping Form Of The Crime Of False Lawsuit

The implementation of the Criminal Law Amendment(IX)in November 2015 has set false lawsuit behavior as a crimes clearly.The crime of false lawsuit in criminal law refers to the act of bringing civil lawsuit with false facts,obstructing judicial order or seriously violating the legal interest of others.In order to better apply the criminal law and combat false lawsuit,in October 2018 the "two highs" jointly formulated the "interpretation on several issues of law applicable to handling false lawsuit criminal cases,In March 2021,the "Two Highs" Joint Ministry of Public Security and the Ministry of Justice published "Opinions on Further Strengthening the Punishment of False lawsuit".The implementation of the above criminal legal norms responds to some disputes about the existence of this crime in academia and judicial practice,but the actual situation is very complicated and the legal provisions for this crime are not perfect.Finally,many problems appear,which need further study.The stop form of this crime refers to the final state of the false lasuit action due to the subjective and objective reasons.Studying the four stop forms of this crime such as preparation,attempted,discontinued and accomplished.Analyzing the legislation and judicial application of the stop form of this crime,and finds that the objective behavior is unclear in legislation and the objective result standard is unclear,which leads to the problem that the stop form of this crime cannot be accurately identified.There is a "one-size-fits-all" in the judicial decision,and the denial of other forms of cessation.This crime is proved to be a crime under direct intentional control through theoretical analysis,and the conclusion that there should be various forms of crime stop,it is a response to the "one size fits all" in judicial practice too.The stop form of crime refers to the final state of the stop of objective behavior.If we want to make reasonable cognizance of the stop form of crime,we should make cognizance of the objective behavior of crime.The connotation of false facts includes not only the act of making things out of nothing,but also the act of concealing the truth and part tampering.The scope of civil procedure should not only include first instance procedure,but also include second instance procedure,retrial procedure,non-suit procedure and execution procedure.Discusses the controversy about whether the accomplice of this crime is a behavioral offense or a consequential offense.It is more reasonable to take the consequential offense as the accomplice standard of this crime.Basing on the identification of the "starting" and "succeeding" of the false lawsuit crime,the judgment standard of objective results is clarified,and various stop forms of the crime are defined on the basis of the consequential offense.The "wrong adjudication theory" and "judicial resource consumption theory" are adopted to judge whether this crime is successful or not,and false arbitration,false notarization and false pre-litigation mediation under the auspices of the court are included in the category of preparation behavior of this crime.And make a definition of the suspension and attempt of this crime.