Judicial Applicable To The Crime Of False Lawsuit

False lawsuit is a new criminal content of "Criminal Law Amendment(nine)". As as one of "criminal law" article 307, it refers to the behavior that filed a civil lawsuit by the fabrication of facts, obstructing the justice order or violating the legitimate rights of others seriously. The core is a fraudulent lawsuit. The basic elements are fabricating facts and suing. As a new criminal content, False lawsuit will involve a variety of factors in judicial practice in the specific application, and also can produce all kinds of contact with other laws.At the same time, because of the existence of various problems, this crime will face many obstacles and challenges in the process, which needing effective resolve,which will not make the same charges are invisible, in order to achieve the original purpose of the legislation.In addition to introduction and conclusion, the paper is divided into three parts. The first part is an overview of the crime of false lawsuit to explain the basic problem of false lawsuit. At first, introducing at home and abroad on the false concept and connotation of litigation provision and concepting definition according to the description of the first paragraph of article 307 of "criminal law" in China. According to the expression of the law,the form of false lawsuit including litigation fraud for the purpose of illegal appropriation of property, litigation fraud by the manner of false lawsuit and to infringe non-property interests of others. Next introducing the characteristics and types of the false lawsuit, and the relationship with other concepts; characteristics and types of litigation and other false concept relationship. At last,summering false lawsuit crime constitution and legal punishment according to the law.The second part analyzes the crime of false identification and handling litigation in the judicial practice. For the crime of false lawsuit, the second paragraph to the fourth paragraph of "criminal law" 307 will involve relations with other related charges.Therefore, we need to put the law article in the criminal law standard system and cognizance and treatment the judicial application and related problems for this crime and other crime-related crimes. The first is the principle of false crime litigation in justice which should be followed, then is the relationship, boundaries and specific processing between this crime and related offenses. Especially for the crime of false relations with fraud litigation.Finally is false judicial proceedings applicable to the crime patterns of crime and complicity issues.The third part of points out that the crime problems that exist in the application andput forward targeted improvement measures and suggestions,not just the criminal law aspects of countermeasures, but also build other related systems and mechanisms, Which can realize the connection the coordination between the “criminal law”and other legislation,so that the crime of false lawsuit can get better applicable in judicial practice.