Research On The Practical Problems Of The Crime Of False Litigation

Due to the continuous promotion and implementation of the registration system,The Code of Civil Procedure of 2012 already provides for the liability of false proceedings,but false proceedings remain high because the legal consequences are still less important than the interests of false proceedings.The 2015 Criminal Code Amendment Article 9 criminalized false proceedings,and the crimes of false proceedings officially entered the criminal law system.As a result,false proceedings are bound by two major laws,civil and criminal.However,the application of false proceedings continues to raise and Judgment Standards for False Litigation Crimes and Prosecution Procedures For false proceedings that are still controversial,the crime needs to be improved.This article is based on an analysis of criminal proceedings since the crime of false proceedings was committed and numerous false civil proceedings.It is based on.The difficulty of judicial application of crimes in false proceedings,especially the characteristics and issues of subsequent district court decisions.Based on this,this article reviews the criminal decisions in false proceedings since October 1,2018.We will search and compare,focus on the analysis of criminal judgment documents throughout 2020,and conduct a comprehensive investigation and judgment.A rational way to improve false crimes,to find rules and find problems.Seek and providing feasible measures for the unified judicial application of false litigation crimes.This article first researches and summarizes false.Analysis reveals that embodying and sentencing the crime of false litigation at the merits level is problematic.Due to insufficient refinement of the legislation and judicial interpretation,and the various factors considered by judges when determining the sentence,judicial.Consistency,different incriminating standards,unusually light sentences,botched exemption determination and inconsistent judgments on serious circumstances;Due to the cover-up of false crimes do not provide detailed regulations on the link between civil and criminal cases leads to irregular procedures for the link between civil and criminal cases.Through the analysis and research of the above-mentioned problems,as well as the empirical level to look for the causes of problems,and combines the knowledge gained with the research results of other researchers on these questions,to solve the above problems,from the system regulation,procedures The three aspects of the connection and supervision system provide perfect suggestions one by.in order to better fight against false litigation and avoid the harmful consequences caused by false litigation behavior.