On The Recognition Of "Fabricating Facts" In Crime Of False Lawsuit

With the increasing number of false lawsuits and the negative impact on society,the Criminal Law Amendment(9)adds new provisions on the crime of false lawsuits.Crime of False lawsuit is refer to the false lawsuit behavior,it initiates civil action with fabricated facts.How to identify "fabricated facts" will determine which acts may constitute crime of False lawsuit and which do not require criminal law intervention.This has important guiding significance for judicial practice and plays a key guiding role for the subjects involved in civil litigation.In 2018,the Supreme People’s Court and the Supreme People’s Procurator ate jointly promulgated the Interpretation of Several Questions Concerning the Application of Law in Handling Criminal Cases of False Lawsuit(hereinafter referred to as "Interpretation"),which provides certain standards for the determination of False Lawsuit Behavior,but still fails to meet the needs of practice.Fabricating facts includes a variety of types of behavior,such as by way of behavior,it can be divided into tampering with facts and concealing facts.According to the actors,it can be divided into unilateral fraud and malicious collusion.In these types of acts,there is confusion about whether falsifying part of the facts,concealing part of the facts and unilateral fraud can constitute a crime.By analyzing 244 judgments of crime of False lawsuit,the following problems can be found: First,the court tends to regard the tampering with part of the facts as constituting Crime of False lawsuit,and in all Crime of False lawsuit judgments,tampering with facts accounts for one fifth of behavior of False lawsuit.However,the key and difficult points of Interpretation on Several Questions of Applicable Law in Handling Criminal Cases of False Litigation published at the same time with Interpretation argues that the act of tampering with some facts should not be regulated by crime of False lawsuit.Secondly,concealing part of the facts can cause the same harmful consequences as concealing all the facts.In practice,there are also exist to regards the Concealing facts as the behavior performance of the crime of false lawsuit,the Interpretation lists ways of concealing all debts from being paid,it must conceal all facts can constitute the determination opinion of Crime of False lawsuit,but has caused the puzzle whether concealing part of the facts can also be regulated by Crime of False lawsuit.Third,Data statistics show that the fabricated facts of unilateral fraudulent false lawsuit and malicious collusion false lawsuit are similar,so it is not necessary to distinguish the fabricated facts between them."Interpretation" lists a large number of malicious collusion false litigation False lawsuit,it only mentions mentions the unilateral fraudulent false suit False lawsuit in the bottom clause,which will result in the ambiguity of the criteria for the determination of False lawsuit in unilateral fraudulent false litigation.Improving the identification of fabricated facts in False lawsuit,the following can be done: Can list the tampering with facts,concealing facts into the crime of False lawsuit scope;Whether it can constitute crime of False lawsuit if part of facts is tampered with and part of facts is concealed,We should pay attention to the possible infringement caused by the behavior,but not judge by the behavior pattern alone.Fabricating facts refers to the scope of facts.It should be the key facts that can be supported by the judicial organs,but not all the facts related to the case.There is no distinction between unilateral fraud and malicious collusion of False lawsuit fabricated facts.