Research On The Crime Of False Litigation

The lack of social integrity has become a major problem needed to be regulated urgently in the developing process of China’s society.False litigation is one of its manifestations.False litigation refers to the behavior that the litigator uses false facts to deceive the judge,making the fair,impartial and pure judicial procedure his tool for illegal activities,the purpose of which is to evade legal debt and liability through the surfacely right judgment.False litigation will not only infringe other people’s legal rights and interests,it will also do serious harm to the society,undermine the fairness and impartiality of judicial order,and waste the scarce judicial resource in China.This paper includes five parts as follows:The first part introduces the basic concept of the crime of false litigation.First of all,the theories of false litigation are systematically studied and classified,and the concept of false litigation is reviewed in combination with the Ninth Amendment to the Criminal Law.Secondly,the characteristics of false litigation are summarized and clarified on the basis of the concept.Finally,on the basis of clarifying the false litigation characteristics,an in-depth analysis of the distinction between false litigation and related concepts is conducted from the perspective of subject,purpose,object,and litigation right etc,which helps to clarify the similarities and differences between the false litigation and related concepts,thus making a clearer understanding of false litigation.In the second part,the author analyzes the current situation of the legislation of false litigation in civil law system and common law system.Then,combining with the legislative experience within the domain of Hong Kong,the author conducts a comparative study of the crime of false litigation in China and abroad,thus summing up the differences between China and overseas on the crime of false litigation.The third part is about an in-depth analysis of the constitution of the crime of false litigation.First the subjective aspect and objective aspect are decomposed in detail,following which,combined with relevant provisions of existing law,the author summarizes the problems and difficulties encountered in actual judicial process.Then,emphatically from the objective aspect of false litigation,the author conducts a study on behavior mode of the false litigation,clarifying the specific meaning of fabricating facts and lodging complaints,thus putting forward the suggestion that fabricating facts by means of non-action should be incorporated as the objective aspect of the crime of false litigation.The fourth part aims to clarify the boundary of crime and non-crime as regards false litigation by analyzing harmful results and the "proviso" clause,and also the boundary of the crime of false litigation and other related crimes by analyzing the differences between constitutive elements.Finally,from the perspective of judicial practice,it is put forward that the harmful result element of the crime of false litigation needs to be further interpreted by judicial authority.In the fifth part,in combination with the lack of legislation on the objective aspect of the crime mentioned in the third part,the lack of judicial determination for criminal results mentioned in the fourth part,and the modest and supplementary nature of the criminal law,it is concluded that specific measures concerning making judicial interpretation and providing for heavier penalties should be taken to promote the objective aspect of false litigation as soon as possible.