Research On The Crime Of False Litigation

"Criminal law amendment(nine)" after the implementation of the penalty system to false lawsuit behavior has legal basis,but there are only a provision to regulate,in the absence of detailed provisions or judicial interpretation of the case,the correct application of the crime of false litigation has many difficulties.In order to accurately grasp the elements of the crime of false litigation and special forms of crime,the crime of false litigation clear field,this paper attempts to based on the interpretation of the "criminal law" article 307 th of the constitution,and discusses the special form,and other illegal acts such as the difference between the theory of the crime of false litigation,in order to control and to solve the problems in the judicial practice.The text is divided into four chapters.The concrete structure is as follows:The first chapter starts with the reality of false lawsuit increasing year by year,and concludes that false lawsuit has such characteristics as large amount of money involved,wide range of cases involved,and great destructiveness to judicial order.With the description and understanding of the crime of fraud litigation scholars,combining with the principle of subjective and objective,summarized four characteristics of false lawsuit: crime domain defined in civil litigation,the subjective has direct intention,objective implementation of the false lawsuit behavior and harm behavior has prejudice to the judicial order,provide reference for accurate identification false lawsuit.The second chapter launches a comprehensive analysis on the composition and characteristics of the crime of false litigation,comprehensive survey of academic debates,the object of the crime of false litigation for judicial order,"a serious violation of the legitimate rights and interests of others" is suggestive provisions of the conclusion.According to the elements involved in civil proceedings,the facts that affect,produce,change or destroy civil legal relations are put forward as the standard of fabricating facts.This boundary crimes and other crimes,the protection of the interests of the law as a guide,to distinguish from the behavior of illegal elements,object elements,elements of specific identity elements of crime of false litigation crime and the crime of obstruction of evidence,the crime of perjury,crime and other charges,to provide the reference for practical operation.The third chapter concerns the judicial response,on the false lawsuit form of joint crime and crime number form and stop form,constitute the crime of helpingcriminals should be put forward subjectively with the help of intent,objective implementation of helping behavior,is to help people implement the false lawsuit behavior and have the causality in criminal law and other elements.Considering the behavior,frequency,motivation and harm consequence of the false lawsuit,the author puts forward the serious discretion criterion of the crime.For false action or false conspiracy in advance,it is regarded as the completion standard of false case.The fourth chapter is the improvement and suggestions,mainly in view of the deficiency of legislation,from the comprehensive protection of the interests of the law point of view in-depth analysis,put forward the false lawsuit behavior arbitration,administrative litigation and criminal prosecution in the field into the adjustment category.Starting from the angle of equilibrium,putting forward the judicial staff to mandate the use of false litigation,regression and other crime constitutes the conviction and sentencing mode to the original state to achieve a reasonable punishment,punishment,punishment and prevent a repeat evaluation imbalance.