| The person having false lawsuit’s behavior gains benefit by means of court trial,it also caused the violation of the legitimate rights and interests of others at the expense of purity of the judicature and the authority at the same time.Adding false litigation sin is imperative.Crime almost contains civil areas in our daily life and there had a classic case,not only in the field of creditor’s rights debt contract,it comes to marriage,inheritance,other areas of the house,property rights protection,intellectual property,etc.The extent of its stakeholders face,the harm is self-evident,but to add this crime does not reduce to discuss academic field and practice field,after its disputed point to "about the applicable law in the judicial cognizance on charges" etc.Article based on the charges by law-related analysis,combined with the real cases in the practice,puts forward the existing problems in the crime in the judicial application,how should be identified,and the countermeasure of perfecting the crime judicial application.Specifically,this paper will be divided into three parts:The first part is about the overview of false action.First of all,the definition of "false litigation" rather than typing were analyzed,respectively,through in the field of civil,criminal and practice on the definition of "false action",defines the connotation and denotation of "false action";False litigation typed and combining case analysis.Secondly,analyses the constitutive requirements of this crime and sentencing Settings:through the analysis of this section,points out the shortage of legislation of the crime of the cognizance of the second chapter specific.The second part is about the false litigation the cognizance of the crime of judicial application problems.This is also the focus of this article.First,the crime objective aspect of the false action disputed point: it involved the scope of the proceedings,the understanding of the "fake it filed a lawsuit","breach of judicial order" or "seriously infringes on the lawful rights and interests",said the law should be perfect.Second,this paper analyzes the crime,crime form of the "start" and "preparation",both attempted standard.Again,the analysis about the accomplice,several problems.Finally,about the relation of false litigation and other related crimes,emphatically analyzed the relationship between this crime and fraud.The third part is about how to develope the thoughts of related problems of juddicial applicable to the crime of false lawsuit.Mainly two aspects: laws and institutions,that put forward feasible countermeasures,and hope to be able to truly regulate the crime and give justice a the pure environment. |
