The Research On The False Lawsuit Crime

As the number of cases accepted by the people's courts increases continuously in recent years,false lawsuits are also becoming more and more frequent.The behavior of false lawsuit not only disrupts the judicial order but also infringes upon other people's lawful rights and interests,which makes it especially harmful to our society.In order to prevent and punish false lawsuits,protecting the authority of law as well as the good faith,the Amendment(IX)to the Criminal Law of the People's Republic of China has added the crime of false lawsuit.However,since articles of the Criminal Law are abstract and brief,how to understand and apply this crime without any judicial interpretation is an urgent problem,which is also the purpose of writing this article.In order to put forward some ideas of how to determine whether a behavior constitutes the false lawsuit crime,this article,which is divided into three parts,is accomplished based on the Article 307 A of the Criminal Law and is also combined with some theoretical perspectives and relative cases.The first chapter is used for summarizing and reviewing which can be divided into two sections.The first is to briefly summarize five main opinions of scholars on how to regard the nature of false lawsuit and how to deal with this kind of behavior.The second is to review the amendment-formulating process and compare the Article 307 A with its drafts.The second chapter mainly describes the constituent elements of false lawsuit crime.This article accepts the theory which divides a crime's constituent elements into four parts,including object,objective aspect,subject and subjective aspect.As to the object of false lawsuit crime,this article distinguishes two kinds of false lawsuit behaviors according to whether they infringe upon any other person's lawful rights and interests and elaborates respectively what kind of object they do harm to.The analysis of the objective aspect of this crime is the core of this chapter,which comprises the discussion on fabricated,facts,filing a civil lawsuit and disrupting the judicial order or seriously infringing upon any other person's lawful rights and interests.Then the third section is focused on the subject of false lawsuit crime and the final part deals with the question of the subjective aspect,especially whether a suspect shall have a certain purpose when he files a false lawsuit.The third chapter discusses the application of false lawsuit crime in practice.The first section constructs incriminate standards,excluding illegal behaviors that do not constitute a crime.The second section discusses in what situation criminal attempt occurs.The third section compares false lawsuit crime with some other crimes such as fraud,graft and clarifies the differences between these crimes.The fourth section is a research on joint crimes,expounding how to recognize principal offenders.The last section elaborates how to deal with the situation in which a suspect commits other crimes while filing a false civil lawsuit.