On The Criminal Law Regulation Of False Lawsuit

With the continuous development of the national economy,the gradual prosperity of the market economy,and the deepening of the concept of the country's rule of law,the awareness of the rule of law of the majority of people has been further improved.Since ancient times,the thought of weariness of litigation has been abandoned by people.More and more people begin to take up the weapon of law to protect their legitimate rights and interests.The awakening of the national consciousness of the rule of law should have been a gratifying achievement of the construction of the national rule of law.However,in recent years,the courts around the country have been constantly appearing the behavior of "false litigation",which has greatly impacted the national judicial credibility,but also brought serious challenges to the judicial justice.In2012,when China revised the civil procedure law,it regulated a large number of false litigation behaviors in practice,which was the first time in China to stipulate the punishment methods for false litigation behaviors with clear laws.However,practice has proved that the revision of the civil procedure law does not effectively curb the increasing number of false litigation,but the behavior of false litigation is on the rise.In the face of this situation,in 2015,the criminal law amendment(IX)issued,for the first time,the act of "false litigation" was punished by means of penalty,and the crime of false litigation was defined.However,the false litigation has a long history.In theory and practice,there is a great controversy on whether it constitutes a crime or not,and between this crime and that crime.This paper starts from the causes of the false litigation,analyzes the social harmfulness,the necessity of legislation,as well as the charge dispute and the number of crimes,in order to improve the criminal law system of regulating the false litigation and build a comprehensive and specific legal protection mechanism.