Research On The Crime Of False Lawsuit

The term false litigation has been around for a long time.Before the 2015 "Criminal Law Amendment Nine" was promulgated,my country’s theoretical circles had a variety of opinions on the characterization of false litigation.The main arguments include fraud,extortion,obstruction of testimony,and innocence.It is precisely because of academic disputes in the theoretical circle that many criminal judgments of different charges have been produced for false litigation in judicial practice.After the promulgation of the Ninth Amendment to the Criminal Law in 2015,the crime of false litigation was officially added to one of the 307 articles,and it was included in my country’s Criminal Law as an independent crime.With the continuous development of my country’s economy and the continuous progress of the rule of law,a civilized and harmonious environment is an inevitable trend of social development,and traditional violent crimes are also decreasing.As society continues to progress,various criminal methods are constantly being updated.Nowadays,more and more people are beginning to use false litigation methods to seek improper benefits.The occurrence of a large number of false lawsuits has impacted the credibility and authority of our country’s judicial system,and undermined the order of the country and society.Therefore,in order to effectively contral the occurrence of false litigation,it is very necessary to use penal means to regulate.Although the promulgation of the Ninth Criminal Law has restricted the occurrence of false litigation,the legal provisions must still have great limitations.It is impossible to make assumptions about all situations in advance and promulgate relevant criminal laws.The source controls the occurrence of false litigation,which brings many disputes to the application of false litigation crime.This paper analyzes the composition of crimes,behaviors,related charges and the number of crimes based on relevant laws and theories of false litigation crimes,and point out the current problems of the crime of false litigation and propose targeted solutions.