Research On The Crime Of False Litigation

For the regulation of false litigation,the model of separate legislation is applied in the provision of the crime of false litigation in our criminal law;based on the infringing object,the false litigation can be divided into the property torts and non-property torts;as per the behavior and means,it can be divided into the one fake party and malicious conspiration.Different from litigation fake,fraud and malicious conspiration,the false litigation has obvious separation.The offended object of the false litigation crime is the choosing object,whose offence is the judicial order and others’ legal right and interests.However,the judicial order is the main protective object,others’ legal right and interests include but not limit to that of property;objectively,the false litigation crime appears as arising the civil action with the fabricated fact,and such fact is enough to effect the case,which can be fabricated by the party himself or by others,including partly tampering and concealing the truth,meanwhile,the false litigation crime can only be assumed in the civil action including the criminal action additive to civil action and not assumed in the criminal and administrative action,such civil action above is not limited to the procedure of first instance,nor other procedures and non-litigation procedure in the civil action without arbitration procedure.To be noted that,the false litigation crime is not on the premise of malicious conspiration that,cases of the defendant counterclaims with the fabricated fact and the doer changes the litigious claims with the fabricated fact also comprise the false litigation crime;the criminal subject of false litigation crime can be the natural person and unit,not limited to the plaintiff who arise a civil lawsuit,but the defendant who counterclaims with the fabricated fact will become the criminal subject of false litigation crime;in subjective,the false litigation crime is deliberation,including direct and indirect deliberation without the purpose of illegal occupation necessarily.In respect of the standard,the accomplished false litigation crime can be divided into the offending of action and result according to the offended legal interests.In the offense of judicial order,the false litigation crime is the offending of act,and in offense of others’ legal right and interests,such one is the offending of result,the standard of whose accomplishment is that others’ legal right and interests have been heavily offended;in issues concerning to the joint crime and number of crimes that,the respondent,other litigant participants and judicial personnel all can become the joint offending that comprises the false litigation crime,for different names of crime will be punished as per the imaginative joinder of offenses and the implicate offender.Compared with the crime of fraud,impairing testifying,perjury and helping destroy,falsifying evidence,etc.,the false litigation crime has obvious boundary from the four elements of crime with wider range of offending subject and object,and more difference exists in objective respects.