Judicial Determination Of The Crime Of False Lawsuit

Since the establishment of the crime of false proceedings,there has been a controversy about the scope of fabricating facts,and there are different opinions between academic theory and judicial practice.The judicial practice has reasons to think that concealing the truth constitutes the crime of false lawsuit,while partially tampering with the facts does not constitute the crime of false lawsuit,but the reasons mentioned are flawed.The crime of false lawsuit is easy to constitute imaginary co-crime with other crimes,and some judicial practices have not confirmed this.Concealment of the truth is not completely equal to fabricated facts,and partial tampering with facts is not without the harm of disturbing the judicial order.After classifying the behavior of concealing the truth and the behavior of tampering with the facts,combining the reasons elaborated in judicial practice,the civil action that does not have the real right of action is the object of the punishment of false action.Finally,the conclusion is drawn that the act of fabricating facts should include the act of fabricating facts out of nothing,the act of concealing the truth of the right of action,and the act of tampering with facts which affects the right of action.Moreover,when the perpetrator constitutes the crime of false proceedings and commits other crimes constituting the crime of imaginary co-conspirators or implicated criminals,he shall be punished with a felony.