Cognizance Of The Crime Of False Litigation

The crime of false litigation is the behavior that the parties make up the facts and fictitious disputes,and then file a lawsuit to the court.This kind of behavior has caused the confusion of judicial order and seriously infringed the legitimate rights and interests of others.The way of fabricating facts does not include the action of private loan litigation with the content of "shadow contract",However,it may be in accordance with the constitution of the crime of false litigation that the actor adopts the way of "routine loan".The complex object of the object system of the crime of false litigation is based on the object of obstructing the judicial order and taking into account the legitimate rights and interests of others,the crime belongs to behavioral offense.For "fabricating facts",The crime of false litigation requires that the act of fabrication should cause substantial changes in the rights and obligations of litigants,The requirement of "fabricated facts" is enough to affect the fair decision.The "fact" shall be deemed as an objective and true fact.We should pay attention to the distinction between fabricating "facts" and fabricating "evidence",which are not the same meaning,and the latter is not necessarily consistent with the former.Except in the field of civil litigation,the crime of false should also include the civil compensation in the criminal incidental civil litigation and administrative litigation.If an application for arbitration is based on fabricated facts,the crime of false litigation may also be established.The scope of application is not only in the first instance,but also in the second instance,the retrial and the lawsuit of the execution objection by the outsider.When it comes to the completion of a crime,the crime of false litigation should take the court’s acceptance of the case as the completion standard.When the perpetrator brings a civil action to the court with false factual evidence,the court will accept it as a criminal accomplishment.Whether theactor can achieve the expected result does not affect the completion of the crime,only in the sentencing level to be considered.From the aspect of result,the result of the crime of false litigation include impairing the judicial order and infringing the legitimate rights and interests of others.Although the result of "infringing other’s legitimate rights and interests" is similar to the crime of false litigation,the crime of fraud does not hinder the judicial order.The crime of fraud is a single object and the crime of false litigation is a complex object,which cannot be generalized;On the issue of accomplice,judicial staff can establish a joint crime with the perpetrator,but when it is the presiding judge of the case,judicial staff cannot be the direct principal offender of the crime of false litigation.