Research On Judicial Identification Of False Prosecution Crime

In 2015,the criminal law amendment(IX)added the crime of false litigation.Although in 2018,the Supreme People's court and the Supreme People's Procuratorate jointly issued the "interpretation on Several Issues concerning the application of law in handling criminal cases of false litigation"(hereinafter referred to as the "interpretation"),which further made a clear division of the crime,the number of crimes and accomplice forms.However,the application of this crime in judicial practice is not mature enough,there are many questions and problems in the theory,and there are many problems need to be clarified in the judicial determination.This paper analyzes the difficulties in the judicial determination of this crime by combining theory with case study.The first chapter is the basic elements of the crime,the main difficulties are objective behavior and "serious circumstances".As for the determination of objective behavior,this paper discusses the behavior mode of the crime of false litigation,and concludes that "fabricating facts" includes the type of making something out of nothing,the type of concealing the truth,but does not include the type of partial usurpation."Civil action" includes all kinds of procedures of civil action,such as first instance,second instance and execution procedure.For the "serious circumstances",I combine the "interpretation" and judicial typical case analysis to elaborate.The second chapter is the identification standard of the accomplished crime of false litigation.As for the standard of accomplished crime,this paper holds that the theory of infringement of legal interest should be adopted and the object of crime should be analyzed in detail.The third chapter is about the number of crimes.As for the number of crimes,this paper discusses the imaginative joinder of crimes and implicated crimes.That is to say,the act of fabricating facts committed by the actor also violates other charges specified in the specific provisions of the criminal law,which belongs to one act and infringes several legal interests,and is punished according to the principle of imaginative joinder of offenses;if the actor's act violates other charges specified in the criminal law in order to achieve an improper purpose,the implicative relationship between means act and purpose act should be dealt with according to the principle of traction On the principle of dealing with the recidivist.The fourth chapter is the joint crime of false litigation.This paper divides accomplice into necessary accomplice and arbitrary accomplice,then analyzes the situation of abettor and helper,and analyzes the criminal responsibility of accomplice.The fifth chapter is the analysis of the relationship between the false litigation crime and the related charges.This paper mainly analyzes the relationship between other charges which are easy to be confused with this crime,so as to have a deeper understanding of the constituent elements of this crime.