The Legal Application Of The Crime Of False Litigation

The crime of false litigation refers to the act of bringing up a civil litigation,disrupting the judicial order or seriously infringing upon the legitimate rights and interests of others.With the complexity of social life,the false litigation is not a minority in judicial practice.The false litigation not only seriously disturbs the normal judicial order,seriously infringes the judicial authority,affects the judicial credibility,but also infringes the legitimate rights and interests of others.As a new crime of Criminal Law Amendment(Nine),the crime of false litigation has not yet formed a unified understanding of how to apply it.This article,through the analysis of the Oubao company and Telaiwei company false litigation lists the focus of controversy in this case:First,Telaiwei company whether constitutes a subject of the crime of false litigation;Second,whether the false litigation behavior constitutes crime of false litigation,two party in the case of false litigation.The problems existing in the application of the law in which leads to false litigation from the crime of false litigation:such as the scope of subject of crime understanding is not uniform,in addition to the plaintiff,the defendant and the three malicious collusion is a false litigation on the subject;obstruction of justice order degree can not grasp the problem of false litigation in obstruction of justice order for acts committed,but the extent to which the public order can constitute the crime of false litigation;serious violations of the legitimate rights and interests of others is not easy to identify the problem,what is "serious" no specific criteria,it is easy to cause confusion in judicial practice.Aiming at the above problems of false litigation legal advice:for the scope of the subject of false litigation understanding is not uniform,the author believes that the application of the law to the subject scope of broad understanding and application,the plaintiff,defendant,malicious collusion has an independent claim to the third person subject as false the crime of litigation;in order to grasp the degree of obstruction of justice issues,the author believes that the order should take the case of obstruction of justice into the substantive hearing shall prevail;for serious violations of the legitimate rights and interests of others is not easy to identify the problem,the usurpation of false action in the usurpation of a certain amount of serious infringement of the legitimate rights and interests of others.Through the above analysis,can the connotation,characteristics of the crime of false litigation and harmfulness understanding,also can recognize false litigation problems existing in the application of law,and solutions to these problems have to understand.Hope that through the analysis of this article,can help law enforcement and legislators to more accurately understand the meaning of the crime,and thus provide a reliable reference for the legal application of the crime of false litigation.