The Research On Judicial Cognizance Of False Litigation

"Criminal law amendment(nine)>thirty-fifth added a false lawsuit,as" People’s Republic of China criminal law>307th of the false litigation behavior of the criminal law.Because of the new charges,there are also differences between theory of qualitative research academics and judicial practice for the crime in all kinds of difficult problems in the process of there is great controversy still exists,therefore,to how to accurately identify the crime is an important problem in judicial practice.False litigation refers to the crime of litigants to defraud the court self-interest of the referee,so as to achieve the purpose of benefit,in the civil lawsuit as a method,by fabricating facts,using false evidence or forcing others to commit perjury and other fabricated facts,disrupting the normal judicial order or the legitimate rights and interests of a serious violation of the behavior of others.False lawsuit "fabricated in fact fabricated behavior" should refer to the rights and obligations of litigants can cause substantial change behavior,"fabrications" enough to affect the impartial adjudication,the "facts" should be regarded as a kind of objective and true,can not be value judgment or fabricated facts all reason identified as "facts".The scope of application of the crime of false hearing is limited to the field of civil litigation,in which civil litigation refers to all lawsuits applicable to civil proceedings,and applies for arbitration in the case of fabricated facts,and does not hold the crime.A false lawsuit in the unit crime,should not be the legal representative at the same time as the subject of unit crime.In the judicial staff constitute a false lawsuit,should be divided into two types were identified:in the usurpation of false action crime should be punished according to the crime of fraud conviction in non againstproperty false litigation crime should be punished in accordance with the civil law in the crime of conviction.Identification of false lawsuit attempted crime is to put forward the standards on the as fabricated facts,to seriously infringe upon the legitimate rights and interests as the standard of accomplishment,which is not limited to the legitimate rights and interests of property rights.The false lawsuit behavior violates the crime of fraud,crime of corruption or embezzlement,which belongs to the imaginative joinder,from a felony punishment.