The Study For The Punishment Of False Action

The false action is a behavior of using litigation for illegal interests, which has caused serious harm to personage and the society. With the continuous development and changes of China’s economy and society, false actions happen frequently, and its harmfulness is increasingly salient. Although the recent adoption of the "criminal law amendment(nine)" added the crime of false litigation, but the new law, the crime of false litigation is still lack of understanding, the research is not through the status quo. The further study of false litigation is beneficial to the judicial practice in the future. Because of the serious harmfulness of false actions to our society, not only infringing the legal rights and interests, public or private, also the judicial order, it is a necessity of adjustment in criminal law. It not only protects public or private rights and interests infringed by false litigation, but also ensures that judicial activities are carried out orderly. The article contains five parts except for the preface.In the preface part, it mainly introduces the writing background and innovation of this paper. And then it summarizes the related academic theory of false action, on the basis of which, the writer comes up with his ideas in brief.In the first part, it mainly raises false actions’ harmfulness against personage and the society, and also demonstrates manifesting characteristics of false actions.In the second part, it mainly demonstrates the realistic necessity of using criminal law to adjust false actions. Because of the false actions’ social harmfulness, it is a necessity of using criminal law to adjust false actions. First of all, using the criminal law to adjust false actions can effectively protect the public or private legal rights and interests, and judicial order; Next,using the criminal law to adjust the action is realistically urgent; Finally, it points out that using criminal law to adjust false action is operational, based on our country’s legal system structure.In the third part, it emphatically analyzes the theory of criminal law’s convicted punishment against false action and gives the author’s point of view. As for the issue ofcriminal law’s convicted punishment against false action, the main continental law countries such as Germany and Japan have already regarded false action as a crime of fraud in the judicial practice and theory, which was supported by a large number of domestic scholars,whether in theory or practice. It is reasonable to enact false actions as crime of fraud, because false actions infringe the legal rights and interests, public or private, especially citizens’ property interests; and because false action actors’ behavior of getting other people’s property by fabricating facts and forging evidence to cheat the court is consistent with the behavior constitutes of triangular fraud. But such a practice ignores the false actions’ harmfulness against judicial order and the infringement against non-property interests.In the fourth part, the author analyzes the constitutive elements and occurrence scope of false actions. The convicted punishment for false actions cannot leave the definition of false actions, and also cannot leave the definition of using the criminal law to adjust the false actions. It’s an air loft to enact false actions without the fully understanding and study of false actions, and definition of behavior main body, behavior purpose, the purpose of the objective of performance, and the object of behavior of false actions. Not being clear of false actions occurrence scope, if apply criminal law to adjust the false litigation, on the one hand, it can produce a loss and confusion, on the other hand, it will lead to the abuse of penalty and violation against punishment tolerance.In the fifth part, the author makes a brief analysis of the crime of false charges, and the crime of false action. For the infringement of public or private property of false litigation conviction and punishment, it should be considered separately, or qualitative as fraud, or qualitative as false litigation. For some problems of the false litigation, the author gives some suggestions for modification.