On The Crime Of False Litigation

With the rapid development of society and economy,people’s legal consciousness is constantly improving.In the rule of law concept at the same time,some people are when the behavior through the fabrication of facts to the court,misleading the court make wrong judgment or execution,which greatly disrupted the judicial order,causing loss of property interests.The phenomenon of false litigation is frequent,to the state,it seriously damages the state and collective property;to the society,it causes the waste of judicial resources and the loss of the individual citizens,but also violated their legitimate rights and interests.Our country in2015 through the "criminal law amendment(nine)" to add a new crime of false litigation,in order to combat the increasingly rampant false acts in practice provides a legislative basis.But the law is not sufficient on its own,the introduction of new charges is only the first step in the Long March.In order to apply the crime more accurately in the practice of judicial staff,this paper adopts the method of comparative study and literature analysis to analyze the following four parts:The first part introduces the background of the crime of false litigation.First of all,through the analysis of some countries for the false litigation behavior of different processing mode,in order to provide reference for our country;secondly,the history of China’s legislative and judicial summary of the charges before the introduction of.In the crime before the introduction of non specified punishment litigation fraud in the criminal law of our country,can only punish the corresponding means of false litigation crime penalty is urgent;Finally,the interpretation of the contents of the crime of false litigation,in order to illustrate the legislation is a clear,technologically advanced activities.The second part analyzes the constitution of the crime of false litigation.The object of this crime is a violation of the object is composed of "judicial order" or "legitimate rights and interests of others;objectively,false lawsuit can only be applied to the field of civil litigation but not limited to the usurpation of false proceedings,conceal the truth can also become false lawsuit behavior;The subject of the crime includes the natural person and the unit,the plaintiff can set up the crime alone,but the defendant can’t be the subject of the crime alone;and the subjective purpose of the perpetrator should not be the constitutive requirements of the crime.The third part of the crime of false litigation related issues.According to the violation of legal interests of the perpetrator,the establishment of the act or result of crime,their accomplishment is marked differences: the former to the court prosecution behavior as a symbol,while the latter need actual violations of the legitimate rights and interests of others to be identified crime.In the accomplice,the actor and the witness,the appraiser and the judicial staffcan constitute the accomplice of the crime of false litigation.If the behavior of the perpetrator violates different charges,according to different circumstances were identified as imaginative concurrence or a number of crimes.In the fourth part,the author makes an analysis of the crime of false litigation and similar charges.Through the interpretation of the crime of infringement of wealth,it can be identified as fraud.By comparing with the similar crimes such as the crime of fraud and the crime of impairing testifying,the connotation and extension of the crime of false litigation are defined in order to correctly apply the crime in judicial practice.