Research On Judicial Identification Of False Prosecution Crime

In recent years,with the development of social economy,the number of property-based civil disputes has been increasing,and false litigation behaviors have become more and more intense,which not only wastes judicial resources,hinders the normal order of judicial activities,but also seriously damages the legitimate interests of others.In response to this situation,the state has introduced relevant laws and regulations to fill in the legislative gaps.In 2013,the Civil Procedure Law stipulated that false litigation acts with serious circumstances can be investigated for criminal responsibility.In 2015,the Criminal Law Amendment(nine)officially established falsehood.Litigation crime.A series of legal provisions made clear provisions on the many aspects of false litigation.The question is clearly stipulated.The criminal law system for false litigation has been improved.As a new crime,there are still many theoretical disputes and practical shortcomings in the crime of false litigation.There are many problems that need to be further explored.The main text is mainly described in three parts.The first part is a study on the crime of false litigation.Retrieved 538 cases of false litigation crime.Through the analysis of these cases,the status quo of the crime of false litigation is studied.After combing,it can be concluded that the development trend of false litigation crime.Secondly,according to the status quo and development trend of false litigation,it summarizes the characteristics of false litigation.The second part is the research on the characteristics of false litigation behavior.In the identification of fabricated facts,it explores the use of other people's fabricated facts,partial falsification of facts,and whether the facts are fabricated facts in the crime of false litigation.The author separately analyzes the theoretical disputes and the problems emerging in judicial practice.The determination of litigation mainly analyzes the understanding of "initiated" and the scope of civil litigation.Secondly,it studies the determination of the consequences of false litigation.The consequences of false litigation actions are expressed as obstructing judicial order or seriously infringing on the legitimate rights and interests of others.In this regard,it is necessary to analyze each object separately,and then discuss the relationship between the two objects.The third part analyzes the problem of difficult problems in the judicial identification of false litigation.First,discuss how to define and distinguish between civil false litigation and false litigation.First explore what regulations for civil false proceedings,and then analyze the criminal treatment of false litigation.Secondly,analyze the procedural problems of false litigation crime.Procedural issues such as difficulty in movement,difficulty in investigation and collection of evidence,and impeded information sharing.In order to solve these problems,this article has conducted an in-depth analysis.