Research On The False Litigation

The emergence of false litigation has alienated the function of civil litigation.Civil litigation not only fail to resolve disputes effectively,it may even be reduced to tools for the actor seek improper benefits,obstruct the judicial order,and infringe upon citizens’ legitimate rights and interests.Preventing and controlling false litigation becomes a social necessity.Unlike most countries and regions,China’s criminal law mainly regulates civil false litigation in through the independent charge of crime of false litigation.The theoretical circle of criminal law in China has thoroughly discussed the accusation of false litigation and the behavioral elements of the crime of false litigation.However,due to the confusion of false instigation with other concepts,overlapping with other crimes,and the complexity and variety of cases,there are still disputes on how to determine the behavior of this crime.Currently,the legal basis for determining the crime of false litigation mainly includes legal provisions,judicial interpretation and its interpretation,and reference to other crimes.The criminal law’s statement of the crime of false litigation is too to be directly applicable.Judicial interpretation and its interpretation are contrary to judicial practice due to excessive restrictive interpretation.The behavior,accusation and construction of the crime of false litigation overlap with other crimes,but referring to the determining standard of other crimes,the conclusion is still unreasonable due to the particularity of the crime.Therefore,it is necessary to clarify the substance of the false litigation from the characteristics of the crime under the adjustment of the Civil Procedure Law and the nature of the breach of truthfulness obligations of the parties that led to the dishonesty of the civil litigation.Based on truthfulness obligations of the parties theory and the behavioral elements of the crime of false litigation,the false litigation should be "the perpetrator knows that the substantive legal facts claimed by him are wholly or partly false,and still use that fact to initiate a civil litigation,fictional civil dispute,and this fact claims to be a true and complete expression of the possibility of expectation ".Therefore,the four aspects of "the perpetrator knows that the claim facts are false","the fabricated facts are substantive legal facts"，"the false facts are sufficient to fabricate a civil dispute",and "has the possibility of expectation" are the basic path to determine false litigation.In addition,through empirical analysis,it can be seen that the distinction of false litigation according to the subject of the act,the illegal purpose and the manner of conduct is not of practical significance to the determination of the false litigation in judicial practice.Therefore,based on the range of facts covered by the contents,the false litigation behaviors are divided into"all false facts" and "partial false facts",and analyzing the attention points of behavior determination based on their characteristics.