Research Fraud Lawsuit

Along with the rapid development of our country social economy, the legal consciousness of the people also further strengthens, more and more the people have the way to settle civil dispute through the lawsuit, the increasing lawsuit case quantity are an important symbol.But the cheating case of the lawsuit also presents the trend of escalation, which has caused the high attention of the theorists and the practice department. The our country present criminal law don't yet makes to stipulate explicitly for the fraudulent act of the lawsuit, therefore it is necessary to conduct the further research and discussion for the question.This article is divided into three chapters to take the research to the fraudulent act of the lawsuit, and proposed own some legislative conception.First chapter "the outline of the lawsuit", After comparing domestic and foreign scholar's viewpoint, the author proposes own the concept of lawsuit fraudulent, who summarizes its manifestation and the characteristic, who carries on the preliminary limitation to the fraudulent act of the lawsuit, who analyzes the legislation condition of the domestic and foreign, who explains our country mainland in the judicial practice to the different way of this question by the concrete case.Second chapter "the qualitative theory and the practice of the fraudulent act of the lawsuit" is the key point, the author comment to "the triangle defraud" in German and Japan and definitely said or not in the Japanese educational world. Commenting our country criminal law educational world to the qualitative argument of the fraudulent act of the lawsuit is the key point, Based on this, the author proposed about the viewpoint of the fraudulent act of the lawsuit.Third chapter "the fraudulent act of the lawsuit in some ideas of criminal law adjustment way", the author demonstrates the necessity of the fraudulent act of the lawsuit which is punished, who proposes should additionally build "the lawsuit fraudulent crime" in our country criminal law for standing the viewpoint of the fraudulent act of the lawsuit, and discusses some issue related to it.