| In the criminal Law,false litigation ACTS are brought into the scope of criminal law regulation in the form of amendments.The legal provisions stipulate the charges of this crime: "the actor uses fabricated facts to initiate a civil lawsuit,to disrupt the judicial order or seriously infringe upon the legitimate rights and interests of others".However,due to the provisions of the law,there are differences in the understanding and determination of the constitution of the crime in the academic circle of criminal law and the judicial practice circle,and there is no clear standard on the determination of crime and non-crime,this crime and that crime,which leads to the inaccuracy of the conviction and sentencing of this crime.This paper mainly adopts three methods of empirical research,typified analysis and literature research to carry out case statistics and case studies on 182 samples.According to the analysis results,the problems existing in the judicial application of the crime of false litigation are discussed,and corresponding Suggestions for improvement are put forward.This paper is divided into four parts.The first part is the summary of the crime of false lawsuit.Firstly,this crime and several related concepts are clarified,and then from the social harmfulness of false litigation behavior to discuss the necessity of this crime alone into the crime.The second part mainly analyzes the data of 182 judgments.The analysis includes the subject,type division,objective behavior,object,crime form,penalty discretion and so on.The third part combines the empirical analysis data with the academic viewpoint of the crime of false litigation,sorts out the problems existing in the conviction of the crime of false litigation,and puts forward the corresponding Suggestions to improve the conviction.The fourth part is to sort out the problems in sentencing of the crime of false litigation according to the data analysis,and put forward Suggestions for improving sentencing.Above all,the purpose of this paper is to through by judicial cases a combination of empirical research and literature research,strive to detailed and clear to interpret the false litigation,discussing about judicial application process need to improve,to improve about the standards and criterions for the conviction of embodies the principle of corresponding to the offense and the promotion of sentencing justice as slightly. |
