Research On Application Of Criminal Law In The Crime Of False Lawsuit

In recent years,false litigation has occurred frequently,not only seriously invading the judicial order,but also sometimes causing serious lost to the litigant.Thus,with the promulgation of the Criminal Law Amendment(IX)in November2015,the crime of false litigation came into being.The main purpose of this paper is to research and define some difficult problems in the application of false litigation crimes.The main body is divided into three parts:The first chapter mainly summarizes and classifies the crime of false litigation and defines the legal benefits of its infringement.The first is the origin of its crimes,which are discussed from the perspective of civil and criminal fields,and compared with several related concepts such as litigation fraud,litigation fraud,and malicious litigation;secondly,according to the subject and purpose The classification is carried out.Finally,the main legal benefits and secondary legal benefits of the infringement are discussed.The the definition of "obstruction of judicial order" and "infringement of the legitimate rights and interests of others" are defined.As a conclusion: The use of "the people's court's trial order" instead of "judicial order","obstruction of judicial order" means "by court hearing" and "the perpetrator repeatedly filed false lawsuits","legitimate rights" should be interpreted as having The civil rights of legal justification.The second chapter focuses on the implementation of the crime of false litigation.Firstly,the definition of "fabricated facts" is defined,and the conclusion that "partially falsified false litigation before the litigation is recognized as a false litigation" is concluded.Secondly,"initiating civil litigation" is defined,and it is clear that which way that "initiating" includes and the form covered by the civil lawsuit;finally,to propose my legislative proposal which is base on the judicial interpretation of “serious circumstances”.The third chapter analyzes the criminal form of the crime of false litigation from a macro perspective.First of all,to clarify the beginning and the sin of the crime,it is concluded that “submission of the litigation material” is the “starting” of the crime and the conclusion that the crime is the result;secondly,the scope of the crime of committing and assisting the crime is clarified;The implicated crime of sin and the imaginary competing form,and concluded that the false lawsuit of infringement of wealth can not be considered as the imaginary competition between the crime of false litigation and the crime of fraud.