The Understanding And Application Of The Crime Of False Litigation

The Crime of false litigation is issued as a new charge in the "Amendment of criminal law(nine)" in August 2015.It is written in the chapter of "crime of impairing the administration of justice",as one of the "criminal law" article 307 th.It refers to " the act of fabricating a civil lawsuit in the light of the fact that it has been invented,impairing the judicial order or seriously infringing upon the lawful rights and interests of others".The penalty for false lawsuit can effectively maintain the normal judicial order and the legitimate rights,also it has an important significance.But as a new charge of crime,it has a lot of shortcomings although the "Criminal law" try to make a stander for the behavior subject,behavior mode and the sentencing standard.So it makes the court misunderstood in the application of the "criminal law" of the 307 article that can not form a unified standard.According to the relevant provisions of the "criminal law" 307 th article of the false lawsuit,with many of the views of experts and scholars,analyzed the legal application of crime of false litigation related cases refer to the false lawsuit,including false litigation elements of the crime analysis and judicial cognizance,and to improve the crime of false litigation the judicial application and put forward some corresponding suggestions.Firstly,I define the constitution of the crime false litigation.In the objective aspect,the crime behavior only a "fabrications civil lawsuit",rather than adding fabricated facts filed a civil lawsuit;behavior is not limited to both parties of civil litigation "malicious collusion".The crime behavior only includes civil litigation,neither administrative and criminal proceedings,nor including arbitration.In the aspect of the object,I think the object of the crime of false litigation is the judicial order and the interests of others.As for the subjective aspect,I agree it is intentional.As for the subject of crime,it is general subject,including natural person and unit.Secondly,In the form of accomplishment,the crime is the result of the crime,when there is a violation of the judicial order or a serious violation of the legitimate rights and interests of others,constitute the crime accomplished.In the form of joint crime,joint crime is common crime,people and actions of the original defendant colluded in collusion crime,the perpetrator and the judicial staff collusion crime,the behavior and the third person of collusion.In the sub sector and related offenses,the crime and the crime of false accusation,civil capricious and arbitrary crime,the crime of obstruction of evidence although there are similarities,but also has the obvious difference.In dealing with the concurrence of other crimes,when the actor’s false litigation behavior and the crime of fraud,the crime of concurrence of the imagination,should be in accordance with the provisions of the law,choose a heavier punishment.Finally,in order to perfect the judicial application of the crime of false litigation,this paper puts forward the scope of application of expanding the scope of the crime of false litigation,improving the standard of conviction and sentencing of the crime of false litigation,and increasing the type of false action.