Judicial Applicable To Thr Crime Of False Litigation

In October 2018,the supreme people's court and the supreme people's procuratorate jointly issued the"on Some Issues to Handle Criminal Cases False Litigation Law Applies Points of Interpretation",the"criminal law amendment(9)"set up the crime of false litigation on the basis of enriched the content of the law,make it better use to practice,but because the law has not been perfect.There are many problems in understanding and the application of this crime.In order to solve the existing problems and make the crime be better used in practice,this paper,starting from the connotation of the crime of false lawsuit,introduces the current situation of the legislation and theoretical research of the crime of false lawsuit,and then through the study of the cases of the crime of false lawsuit of money invasion in recent years,reveals the existing problems of the crime in the judicial application.Research,on the basis of the basic theory of false litigation over the content of the judicial interpretation issued by the latest,in-depth analysis of the four basic crime crime constitution,focuses on analyzing the crime in the theoretical research and judicial application to recognition of the"fabricated facts","hide some controversy,"proposed"part to tamper with the facts of cases do not generally exist in false action to identify and sin more debt shall be sued to hide part of how to resolve the debt.In the end,the other problems that should be paid attention to in the crime of false lawsuit are systematically elaborated.In combination with the case of"zhu xx's crime of false lawsuit",the distinction between the crime of false lawsuit and the crime of fraud is emphatically studied,and the form of cessation and accomplice of this crime are clarified.