On The Criminal Regulation Of False Litigation In China

In recent years,false lawsuits have been frequent in various places and are on the rise.This kind of wrongful act not only damages the legitimate interests of other subjects,but also wastes a lot of judicial resources,resulting in impaired judicial credibility.In response to this situation,the state has increased the punishment for false litigation.In addition to the judicial documents issued by the judicial organs,the Civil Procedure Law of 2013 clearly stipulates that serious cases of serious litigation can be in’vestigated for criminal responsibility.(9)Formally establishing the crime of false litigation.On October 1,2018,the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of False Lawsuits(hereinafter referred to as"Interpretation")was officially implemented."Interpretation"further clarifies the behavior of false litigation crimes,the standard of conviction and sentencing,the principle of dealing with other criminals,and the characterization of"partial falsification"false litigation behaviors,which have always plagued judicial practice and enriched the false litigation.Criminal law system.China’s legislation on the phenomenon of false litigation is constantly enriched and improved,and it has a certain containment effect on the increasingly fierce litigation.However,after all,the crime of false litigation is a new type of crime,and there are still many shortcomings in the criminal law system,especially the interpretation.Although some disputes have been resolved,many problems remain unclear,so there is still room for further discussion.In addition to the introduction and conclusions,this paper discusses the problem of false litigation in China under the current law in four aspects.The first part discusses the general situation of the crime of false litigation.Starting from the concept of false litigation,this paper compares the representative viewpoints of false litigation in academic circles and theoretical circles,and further analyzes the crime of false litigation from the criminal constituent elements of false litigation crime,and summarizes the six characteristics of false litigation behavior.Have a deeper understanding of the crime of false litigation.It also analyzes the necessity of regulating the criminalization of false litigation from three aspects:the essential characteristics of crime,the principle of modest punishment of criminal law and the improvement of legal system.The second part expounds the process and legislative status of the legal system of false litigation in China.The legislative process of false litigation can be divided into three stages.From the initial stage of judicial document regulation,false litigation mainly relies on the highest judicial organs and local judicial organs to issue relevant judicial documents for regulation.During this period,there were no specific provisions on the types,characteristics,and methods of identification of false litigation.The criminal law system has obvious lag.The second stage is the Criminal Law Amendment(Ⅸ),which formalizes false litigation.The case has made up for the gaps in the criminal law system of false litigation in China for more than ten years,and also provided a clear guidance for the handling of cases,to avoid the conviction and sentencing of false litigation continues to be in a state of confusion;the third stage is the perfect stage of law application of Interpretation.The Interpretation further perfected the criminal law system and the application of the law,which can further guarantee the authority of the judiciary and the interests of the public,and has its innovations.The third part analyzes the problems existing in the current criminal law and judicial interpretation in the regulation of false litigation.It is concentrated as follows:the connection between civil liability and criminal responsibility is not clear enough,especially the extension of false litigation behavior is inconsistent.In the criminal law and judicial interpretation framework of the current false litigation crime,the provisions on the transition from civil transition to criminal liability are not clear enough,which makes the judicial application have certain difficulties,and it is too narrow in the scope of application;the prosecution of false litigation crimes.Public security organs have difficulties in the source of case clues,investigation and evidence collection and case transfer in the process of case investigation,making the regulation of false litigation crime a major problem;the principle of criminal competition is unreasonable.In particular,the principle of dealing with false litigation and corruption,occupational embezzlement or fraud is unreasonable;the accomplice finds confusion,especially the one-sided accomplice and the succession of the accomplice have yet to be further clarified.The fourth part is to make recommendations on the improvement of legal regulation of false litigation.First of all,it is to improve the civil and criminal responsibility for the reasonable connection of false litigation.The scope of the stipulated penalty system is that the two parties maliciously collude with false civil litigation,and reasonably allocate the responsibility of the civil penalty,and appropriately expand the scope of application of the false sin.Secondly,rationally structure the prosecution mechanism of the crime of false litigation.The procuratorate is the prosecution subject of this crime,and further improve the prosecutorial supervision mechanism of false litigation.Thirdly,the principle of dealing with the criminal co-opetition of false litigation is clarified.In the quasi-determination based on the theory of criminal co-opetition,it must be clarified that false litigation is a combination of multiple acts and multiple acts,and is also a collection of multiple crimes,which is a joint crime of two or more people.Finally,the reasonable determination of the joint crime of false litigation.Taking"partial crimes together" as the theoretical basis for the accomplice of false litigation,after the initiation of false civil litigation,some other actors joined the false litigation in subsequent trials or other litigations,becoming false activists.Accomplice,competing with other crimes that may involve judiciary,fraud,and corruption.