Research On Judicial Application Of Crime Of False Litigation

With the development of the legal society and the improvement of the national consciousness of safeguarding rights.Which drive the disputes to the way of litigation,but also provides a direction for crimes.The phenomenon of false litigation is becoming increasing serious.This not only disrupts the normal judicial procedure,but even infringes others’ legal rights.The Amendment to Criminal Law(IX)brings false litigation into the scope of regulation,it cracking down on false litigation severely.The promulgation of Judicial Interpretation has solved many difficult problems for judicial application,but the related issues are still emerging in an endless stream.It is necessary to further study the crime of false litigation for the sake of sanctioning false litigation effectively,enhancing judicial credibility and safeguarding national interests.Cases are the basis for exploring the problems existing in the application of judicatory.Through the analysis of these empirical cases,it is found that the crime of false litigation has three kinds of accomplished standards in the practical circle: prosecution theory,judgment theory and trial theory.There are some problems in the application of sentencing,such as uncoordinated punishment,light punishment and less application of "serious circumstances" clause,and there are uncertain factors.Through case comparison,the boundary between the crime and non-crime of "partial tampering" behavior and "concealing the truth" behavior is not clear.And it is found that there are differences between the crime of false litigation and correlative accusations in the determination of borderline and the settlement of multiple accusations.Ultimately,the accomplished standard of false litigation crime is the problem with nature of behavior.There are three theoretical viewpoints in academia: "behavioral crime","consequential crime" and "compromise crime".It discusses the inadequacies of the theory of "behavioral crime" and the theory of "compromise crime" from the negative side and it also demonstrates the appropriate reasons for the application of "consequential crime" in the crime of false litigation.On the basis of "consequential crime",the criterion of completion is established with the direction of harm result.In terms of false litigation crime sentencing applicable,underlying cause is the key to solving the problem,to explore the punishment on the basis of not harmonious internal causes,put forward in relation to a behavior at the same time "of obstructing justice order" and "seriously infringe others’ legitimate rights and interests" two kinds of harm result,when can be "seriously infringe others’ legitimate rights and interests harm result" as a solution of sentencing circumstances into consideration.Through the comparison and analysis of relevant cases,the key points of "serious circumstances" clause need to be improved are extracted.In the crime and non-crime of sham litigation,it is proved that the sham litigation behavior of "partial tampering" constitutes sham litigation crime from the aspects of literal interpretation,legislative intention,and the principle of adaptation of crime and punishment.Limited by the principle of penal code,it must accord with the standard of crime,otherwise it will be regulated by the Civil Procedure Law."Concealment of the truth" false litigation behavior should not be criminalized,concealment of important facts is regulated by this crime,concealment of adverse evidence against their own behavior does not constitute this crime.In terms of the treatment of this crime and related crimes,there is the problem of imaginative coopetition between false litigation and fraud,and the problem of implicated coopetition between obstructing testimony and helping to forge evidence.Through the combination of practice and theory,we can distinguish the boundaries and solve the problem of the treatment of the number of crimes.