Analysis On The Regulations Of Criminal Law For The Litigation Fraud

As the development of national economy and the process of rule of law, thecivic awareness has also been improved. Civil lawsuits have already become thepositive measure to maintain legal rights for people themselves. However, someoutlaws also try to obtain illegal interests by using litigation as the legal cloak andnowadays such situation has become increasingly intense because of vague relationsof Criminal Law and lack of force of Civil Law measures. In order to fight such crimeeffectively and fill the gap on the Criminal Law in such field, it is necessary to reviewthe regulation on such behavior. This paper tries to seek the best measure to regulatethe litigation fraud through the way of observation, analyses, comparison,demonstration and combination with the juridical practice in Hangzhou city.This paper is divided into three parts except the introduction.In the Part1, the concept of litigation fraud is to be introduced firstly, whichmeans that, the litigant party or parties collude with each other, by using law litigationrights, making fiction facts, hiding trues, intention to process property, interests andother non-property interests illegally by obtaining the advantage judgments from thecourts. Then, major features of litigation fraud will be concluded, the differencesbetween litigation fraud and other related conceptions will be explained, and cause oflitigation fraud will be analyzed. In the Part2, the existing problems of vague relations of Criminal Law andrelated judicial articles will be pointed out with the combination of juridical practicein Hangzhou city, which will confuse the judiciary to deal with cases related litigationfraud. Then, clear the major difference between the litigation fraud and triangle fraudthat whether the judgment being made based on the error of judge through theintroduction of “triangle fraud” theory, and suggests to revising individual regulationson litigation fraud because of trying to put the litigation fraud behavior into currentacts of obstruction of Justice will as a breach of the principle of comprehensiveevaluation and unification of subjectivity and objectivity.In the Part3, through the comparison of legislation practices, the Spanishlegislation pattern will be pointed out to refer to China legislation process and inaccordance with Chinese tradition. Then the conclusion will be made that thelitigation fraud cannot be punished by current regulations in Criminal Law nowadays,therefore, the best way is to make amendment of Criminal Law and the litigationfraud will be set as the individual crime and put into the class of property violation. Inthe other hand, for the behavior of non-property litigation fraud, the way of revisingthe Criminal Law to regulate is be suggested. All categories of litigation fraud will bewell regulated through the way of over-mentioned measures.