Research On Several Issues Of The Crime Of False Litigation

At present,domestic and foreign legislation on the regulation of false litigation behavior can be roughly divided into the legislative mode of setting up separate charges and the legislative mode of not setting separate charges.China,Italy,Portugal and other countries have set separate charges to punish such acts,and this legislative mode is more conducive to the targeted individual punishment of such acts.The legal interests protected by this crime include "judicial order" and "the legitimate rights and interests of others",among which judicial order is the main object.Litigation constitutes an obstacle to judicial order,which can be considered as constituting this crime.The specific acts of this crime are "fabricating facts" and "concealing the truth",which may exist in all stages of civil litigation.The subject of this crime includes units and natural persons.Only the parties with litigation rights can independently constitute this crime.The subjective aspect of this crime is intentional,not including the circumstances of negligence.Units or individuals with the right of action can constitute this crime separately,and other units or individuals can form an accomplice in the form of accomplice if they meet the conditions of assistants in this crime.This article holds that the instigator of this crime has both independence and subordination,and that there is a one-sided accomplice in this crime.On the Accomplishment of this crime,this article holds that when fabricating facts and bringing a lawsuit,it is considered as the beginning of this crime.When bringing a lawsuit,whether or not it involves infringement on the legitimate rights and interests of others,it has constituted an obstacle to the judicial order,and also constituted the accomplishment of the crime.This crime is different from the crime of fraud in subject,object and objective aspects.It is obviously different from the crime of perjury in subject,object,field of occurrence and motive of crime.It is also different from the crime of obstructing testimony in subject,objective aspect,field of occurrence and subjective purpose.