Research On The Application Of The Crime Of False Litigation

In recent years,with the economic development and social transformation,civil litigation cases surge,at the same time judicial practice in a variety of false litigation frequently,especially in economically developed areas,false litigation cases more intensified,2015 The " Crime of False litigation " is added to the "Criminal Law Amendment(9)" which began on November 1,and this paper summarizes the practical dilemma after the establishment of the crime of false litigation and constitutes the above-mentioned problems from the crime,Criminal form theory analysis,the process of co-ordination of civil and criminal issues to sort out,and finally put forward some suggestions to improve this crime.This paper is divided into three parts.The first part mainly elaborates the establishment and application dilemma of the crime of false litigation.First of all,the background of the establishment of false litigation,the background of social reform and punish the dishonesty,the urgency of the letter of legislation directly to the crime.Secondly,based on the analysis of relevant data in judicial practice and the investigation of practical cases,the author makes a description of the difficulties in the application of the crime and the high incidence of the case,the circumstance of concealed conviction and the applicable dilemma.puts forward the research questions.The second part is the analysis of the causes of the dilemma.According to the definition of this crime,the understanding of crime constitution and the crime form and so on,the author analyzes the problems of the two kinds of special litigation and other issues in practice,Explain the nature of the dilemma of this crime.The third part is the proposal to improve and perfect the crime.On the basis of the analysis of the causes of the application of the crime,this paper mainly focuses on solving the dilemma of the crime,from the clear elements of the crime,the type of crime and information sharing based on the establishment of public security system linkage mechanism three aspects of sound and improve the crime Suggest.On the basis of the study of judicial practice and jurisprudence theory,this paper combs and expounds the obstacles in the judicial practice of fictitious litigation,and puts forward the corresponding suggestions so as to be helpful to the theoretical research and the application of criminal law in future false litigation.