Criminal Regulation On False Litigation

The behavior of false litigation have been happened in the society more and more frequently, the phenomenon is closely associated with the rapid development of legal society and economic. The suit of false litigation firstly appeared in the coastal areas which have developed economic, and has the spread tendency. The behaviors of false litigation not only infringe upon victims'interest, but also affect judicial authority. Meanwhile, the Criminal Law has no clear regulations on the phenomenon, resulting in different results in juridical practice, against legal society's steady established. Based on the analysis of the phenomenon, with the theory and judicatory practice, the thesis reaches a conclusion that it should be created a new accusation, in order to solve the new criminal phenomenon, and promote the progress of our county legal society.The thesis is composed of three parts:Partâ… : The phenomenon and analysis of false litigation. First, the author introduces the concept and basic characteristics of false litigation, which is different from other relevant similar concepts, in order to define the specific category false litigation. Secondly, combining the juridical practice and the existing file regulations, the author introduces the present situation, and states the society harmful of false litigation.Partâ…¡: The dispute and confusion of false litigation in theory and practice. In this part, the author debates different views and judicial practices from both theory and practice. There are mainly two standpoints: guilty and not guilty. In the point of guilty, there are also some different points, such as crime of extortion, crime of impairing the administration of justice, crime of fraud. The analysis above indicates that the existing criminal law is not enough to regulate false litigation. Based on the analysis, the author gets a conclusion that it should be created a new accusation in order to apply the demand of social development.Partâ…¢: The legalization countermeasures of false litigation. First of all, according to the principle of equality of all people before the law and the principle of suiting punishment to crime, the author states the necessity to create a new accusation. Secondly, based on the previous parts, the author proposes that the behavior of false litigation should be regulated by criminal law, and illustrates the crime constitutions and law design. At last, the author analyzes some relevant problems, mainly about guilt and innocence, one crime and another and so on. At the same time, the author illustrates this new crime's standard in order to define the specific category false litigation.