The Crime Of False Lawsuit

False lawsuit refers to the act of bringing a civil action to the fabricated facts,disrupting the order of justice or seriously damaging the lawful rights and interests of others.For a long time,there are false lawsuits in judicial practice in our country,but the legal system of our country is lack of effective regulation of false lawsuit.The false lawsuit seriously violates the normal trial order of the judicial organ and the legitimate rights.Until the implementation of the People's Republic of China Criminal Law Amendment Nine on November 1th,2015,the crime of false lawsuit was written in the criminal law.The false action in the civil field may become the crime of false lawsuit in the criminal field.The significant change has played a positive role in curbing the abuse of rights of action,establishing the authority of the court and achieving the fairness and justice of the legal.The academic and practice of the criminal law still lack the research of the false lawsuit crime.The author analyzes mainly the constitutive elements and judicial application problems of the crime of false lawsuit from different angles to provide the reference for practice.The paper mainly consists of four parts.The first part is the related issues of the crime of false lawsuit.The author describes the definition of the crime of false lawsuit,summarizes the types of the crime of false lawsuit according to the situation in practice and introduces the domestic and foreign legislation about the crime of false lawsuit.The second part is the constitutive elements of the crime of false lawsuit.The subject of the crime is the general subject including the units and individuals who have civil litigation qualification.The object of the crime is the state judicial order and the property rights of others.The objective aspect of the crime includes the fabrication of false facts to bring civil action,and causes obstruction of the judicial order or infringes upon the lawful rights and interests of others.The third part is the judicial application problems of the crime of false lawsuit.The difference between the crime of false lawsuit and the crime of perjury,the crime of obstruction of evidence,the crime of helping to destroy and forge the evidence and the crime of fraud is been analyzed.The last part mainly discussed the dilemma and countermeasures of the application of the crime of false lawsuit.Through the analysis of the functions of public security organs,procuratorial organs and judicial organs,the countermeasures to effectively combat and restrain the acts of false action and confirm the severity of the standard by specifying the amount of the specific subject matter are put forward.