Criminal Legal Dogmatic Studies Of The Crime Of False Litigation

The study of the crime of false litigation should return to the track of the dogmatic of criminal law,based on solving the basic problems of the crime.It is the practice of the crime of false litigation to bring a civil action based on fabricated facts.The "Fabrication" in the fabricated facts should be interpreted as "all fabrication" instead of "part fabrication"."Fabricating facts" can contain "concealing the truth",and "facts" in fabricating facts should be interpreted as facts that have a substantial impact on the judgment of the case and can cause changes in civil legal relations.Fact and reason are not the same concept.We should distinguish fictitious reason and fictitious fact.Civil litigation includes counterclaim and change of claim,but civil litigation cannot be interpreted as administrative litigation by analogy.The understanding of "judicial order" in this crime should adopt the method of system interpretation.The legitimate rights and interests of others are not limited to property rights and interests.In this crime,"serious infringement of the legitimate rights and interests of others" and "obstruction of judicial order" are not the relationship of choice or juxtaposition,but the relationship of rank.The crime of false litigation in our country is not a copy of "litigation fraud" in Germany and Japan,which is different from "triangle fraud" in essence.As an independent charge,the crime of false litigation has its own significance.The dogmatic analysis of criminal law on the crime of false litigation is conducive to the in-depth development of the study of the crime.