A Study On Typical Cases Of False Prosecution Crime

By collecting and arranging a large number of judgment documents on the crime of false litigation,three cases of false litigation by Shen Moujia,Zheng Mouyi,etc.,false lawsuit by Wang Moujia,Zhong Mouyi and others,and Xu Moujia’s false lawsuit were selected.The sample cases summarize the common controversies in cases of false litigation crimes: how to identify "fabricated facts",how to identify"obstructing judicial order",and how to identify "serious infringement of the legitimate rights and interests of others".Regarding the determination of "fabricated facts",the meaning of "fabricated facts" should be interpreted literally as "facts fabricated out of nothing",excluding the two meanings of "facts that are partially falsified" and "facts that conceal the truth";To grasp the criteria for determining"fabricated facts",it is necessary to make substantive interpretations of "fabricated facts",that is,to fabricate out of nothing the facts that change the main legal relationship between the two parties and exist objectively.Regarding the determination of "obstructing the judicial order",the determination of the perpetrator"obstructing the judicial order" needs to meet certain conditions,that is,the perpetrator’s false litigation behavior seriously interferes with the normal judicial order or wastes a lot of judicial resources;Obstructing the judicial order is also limited by the nature of the perpetrators "fabricated facts".Only the perpetrator fabricates out of nothing and changes the main legal relationship between the two parties and has objectively existing facts,and files a civil lawsuit based on this,can it be identified as "obstructing justice".order".Regarding the determination of "serious infringement of the legitimate rights and interests of others",it is necessary to clarify the scope of application and judgment criteria of "serious infringement of the legitimate rights and interests of others";the scope of application of "serious infringement of the legitimate rights and interests of others" should be understood in a narrow sense,namely It only seriously infringes upon the legitimate property rights and interests of ordinary people;among them,the judging standard of "severely infringing upon the legitimate rights and interests of others" means that there must be a clear judgment standard for the amount and a clear legal judgment standard.