Criminal Regulation On Litigation Fraud

With the rule of law gradually perfect, swindle in legal proceedings becomes the "injury" of justice, and it is a dark side of the country under the rule of law. In recent years, litigation fraud is showing a growing trend, and it is involed large amount of money. This behavior in an attempt to use the litigation means to "legitimate" wealth, seriously disturbs the normal economic order and judicial order, damages the legitimate rights and interests of others, and harms the fair competition market environment. Unfortunately, the legislative level of litigation fraud shall be investigated for criminal responsibility mechanism is lacking, and qualitative studies of litigation fraud has yet to have a unified conclusion. From the current view of the judicial practice all over the country, if suspecting of litigation fraud, some courts according to the crime of fraud of the processing, some courts according to the crime of sabotage to testify or to help destroy or falsify evidence processing. However, the vast majority of the court is not treated as a crime, but according to the circumstance, be civil sermon, fines or detention. In the processing of litigation fraud cases, the judge discretion is obvious. Due to the lack of punishment, the criminal psychology will be more inflatable. What’s more, someone will make every attempt to use the legal loopholes to woo and corrupt the judges, thus causing judicial corruption.Combinined with the practice of case, the purpose of this paper is to start from the concept of litigation fraud, and summarize the characteristics of the type of litigation fraud. At the same time, I will comment on studies of litigation fraud qualitative ideas, and think about the qualitative behavior of litigation fraud. Moreover, I will demostrate sufficiently that litigation fraud should be a separate crime. Finally, something about the components of litigation fraud, law design, and some problems after the single set of litigation fraud. This paper consists of four chapters:The first chapter is the summary of litigation fraud. First of all, I will introduce the litigation fraud and similar concepts, and define the connotation of litigation fraud. Second, I wil introduce the judicial status of litigation fraud combining with the two aspects of subjective and objective. Besides, I will elaborate the social harmfulness. Finally, I will summarize the basic characteristics of litigation fraud and divide it into two parts.The second chapter is the controversy of the quality of litigation fraud. First, I will introduce the "positive theory" and "negative theory" in Germany and Japan, which aroud whether the litigation fraud constitutes crime of fraud. Secondly, I will review five kinds of theories exist qualitative litigation fraud.The third chapter is the argument of litigation fraud should be separate into sin. First to reflect the structural pattern of the crime of fraud of the traditional criminal law theory, and it is concluded that the crime of fraud not only can occur between two, but triangle fraud is widespread, they are consistent. Litigation fraud should be one of the typical type of triangular fraud. It has the commonness of common crime of fraud, also has its own particularity, so the crime of fraud cannot cover all the litigation fraud. In conclusion, single set of litigation fraud is necessary and feasible.The fourth chapter is the legislative idea of adding the crime of fraud legislation in a lawsuit. First of all, it has been conducted for four constitutive requirements of litigation fraud. As the law design of litigation fraud, I suggest to place it in chapter 6 of the second quarter of the crime of obstruction of justice. One articles is added in article 307 th of the criminal law, as one of the provisions of article 307 th. Moreover, litigation fraud with standard, accomplice, and crime number question are made in this paper.