Regulation Of The Litigious Fraud In View Of The Crimial Law

With the social economy is booming at a fantastic speed, and interpersonal economic activity is increasing frequently, humans’ legal consciousness has been improved gradually. Thus, throughout the lawsuit channels to solve interest dispute has been widely accepted by citizens. However, it also caused a new social phenomenon, namely, it is called litigation fraud. Litigation fraud refers to the illegal possession purpose of people’s acts, and provides the false civil action to the court, meanwhile, throughout falsification evidence or colluding witnesses to defraud the favorable decision of court so that to disturb the normal judiciary order and violate other’s property. Definitely, it has a serious danger of society, because of this action not only breaking the normal judiciary order and authority, but also endangering the rights and interests of public and private property. Due to our country lack of unified criminal legislation to litigation fraud at present, it has caused that theorists have a divergence once they characterized the litigation fraud. Meanwhile, executors also have different ways to deal with litigation fraud in practical, so that it caused the confusion within the legal rules. In the current period, litigation fraud becomes more and more intensely, it is necessary to establish a specialized "convict of litigation fraud" in order to protect citizens’ property rights and judiciary orders, as well as completing criminal law’s system of our country to follow the principles of legality.In this assignment, the aim is to analyze the current situations, intensions and criminal determines of litigation fraud, and provide the legislative imagine of adding the convict of litigation fraud. The first part is mainly to conclude the way of fraud in current of our country, it to point out handling of litigation fraud that the current litigation fraud criminal punishment chaos, lacking of the unified judicial standard. The second part is the definition of the connotation of litigation fraud that will be discussed and analyzed. Through analysis of several different viewpoints, the author thinks that the field of litigation fraud occurred only in the civil lawsuit activities, the behavior way of civil litigation, is the court to lodge a false and fabricated evidence or colluding witness providing the false evidence, obtain favorable ruling of the court of law subjectively has the property of the purpose of illegal possession, the object of infringement for complex object is public or private property rights and the judicial order. The third part puts forward to establish legislative conception of convict of litigation fraud, respectively from the crime constitution; legal sentence configuration and cognizance are analyzed and put forward its own suggestions, and hoping it is can help the judicial practice.