Evaluation Of The Criminal Law Of False Litigation

In recent years, the process of rule of law in China continued to promote, some criminals with judicial power implementation of false litigation and through such acts obtain illegal benefits. False litigation in the legal rights and interests of citizens, but also has a great impact on our judicial order, seriously damaged the credibility and authority of the judiciary. However, after in the criminal law system of our country lack of clear regulation of false action and the criminal law theory of our country to this kind of behavior how qualitative has also been debated, because legislation blank that enable criminals to exploit, which makes the in judicial practice in the handling of such cases results were consistent even gap greatly. Until August 29, 2015 through the "criminal law amendment nine" to make a clear provision for false litigation, the first will be the crime of false action, and has been formally implemented in November, but in the "criminal law amendment nine" is a simple provision of the crime of false litigation, and no specific should be how to make a clear and reasonable explanation, in the judicial practice, and the "criminal law amendment nine" on the provisions of this crime still exist some not good enough, therefore, must be on the agenda of false litigation.This article contains three parts :First: a simple introduction of several false litigation cases and to explain the focus of the dispute cases.Second: the first part of the paper will be demonstrated in the first part of the case of the case of the controversial issue of the focus. Through the issues related to the focus of controversy over involved, respectively the crime and non crime, false lawsuits and charges related to the comparative analysis, elaboration and analysis of false lawsuit should how to convict and other issues. The false action not only violates the legal rights and interests of others, but also seriously disturbed the normal judicial order in our country’s judicial practice.The last part of this paper is divided into third parts, which is divided into two parts. The first part is the analysis of the first part of the article, followed by the author of the "criminal law amendment nine" in the addition of false charges, The suggestion of perfecting the legislation of the crime of false litigation is put forward.