Research On The Crime Of False Litigation

The addition After the ninth revision of China’s criminal law,the crime of false litigation was added to the criminal law.At this point,the Criminal Law of China has standardized the false litigation through a legal provision.The concept of false litigation has also been unified in the field of criminal law in China.by law.However,due to the overly succinct formulation of the statutes and the lack of detailed regulations,the application of false litigation in practice is still very confusing.In order to get rid of this difficult situation,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued a judicial interpretation on the crime of false litigation.The promulgation of the "Interpretation" means that we have a deeper understanding of the crime of false litigation in the field of criminal law in our country.We have made further refinements through the legal provisions of the crime of false litigation,not only for the judicial authorities in various places to apply the crime of false litigation in the trial process.It provides a unified standard,which is helpful to more accurately guide the judicial practice of false litigation in our country,and it also plays a certain role in comforting some issues in the theoretical field about the controversy of false litigation.But it should also be recognized that there are still many imperfections in the Interpretation,such as the subject matter of false litigation,how to identify false litigation,and so on.Therefore,a rigorous analysis of the above issues is needed in order to better apply it to judicial practice.Based on this,this article takes the Interpretation and the provisions of the law as the starting point to analyze the existing problems of the crime of false litigation.This article is divided into four chapters:The first chapter is to analyze the crime of false litigation and its similar concepts.Then,it discusses the current regulations on false litigation in foreign countries,and has a preliminary understanding of the current state of legislation on false litigation in various countries.Establishing the crime of false litigation separately,but treating the crime of false litigation as a fraud.In some countries,the crimes are separately established,and the false litigation is further divided into "property invasion" and "non-property invasion",which are regulated according to different crimes..Then it starts with China’s provisions on the crime of false litigation,and makes a comparative analysis with the regulations of extraterritorial countries.The Criminal Law Amendment(9)was promulgated in 2015.China’s criminal law added the crime of false litigation.In 2018,the two Supreme People’s Courts specifically introduced the judicial interpretation of the crime,which further improved the provisions on the crime of false litigation.However,due to the limitation of the expression of the law and the complexity and variety of false litigation cases in practice,there are still some problems in the provisions of false litigation,such as the disputes between the subject and the object of the crime,the disputes over the objective behavior and the scope of civil proceedings.How to define such issues.Therefore,further research on the crime of false litigation is needed to better guide judicial practice.The second chapter mainly analyzes and analyzes some problems existing in the subject and object of false litigation.Regarding the subject of the crime,the most common situation is the person who initiated the false lawsuit,that is,the plaintiff in the civil false lawsuit,but whether the defendant in the civil false lawsuit can also meet the requirements of the criminal law of the false lawsuit.Scholars have discussed this issue less and have different opinions.This article analyzes from the perspective of whether the "defendant" can bring a false civil lawsuit and concludes that the defendant can also be the subject of the false lawsuit.The identification of the criminal object of this crime has always been controversial in academia.There are single object theory and complex object theory.Among them,there are different theoretical opinions on the dual object theory.This article first researches the internal meaning and relationship between "obstructing the judicial order" and "infringing the legal rights and interests of others",and then analyzes it with "Interpretation".The judicial order and the legal rights and interests of others are inherently unified.Both need to be protected by criminal law,that is,the judicial order and the legitimate rights and interests of others are the objects to be protected by this crime.The third chapter mainly studies the objective behavior of false litigation.This chapter is divided into two parts.The first is to study the scope of fabricated “facts” and analyze the fact that there are different standards for determining facts in different situations.Analyze the shortcomings of civil legal relationship as the boundary in current judicial practice.It is concluded that while using civil legal relations as the main criterion for determining fabricated facts,it should also be recognized that fabricated false facts will also cause serious damage.Then,the scope of the civil action is analyzed,and the scope of the civil action for this crime is clear,that is,the trial process and enforcement process are included,and the trial process does not only include the first trial process,the second trial is also the scope of the civil process,and the civil law The procedure does not include an arbitration procedure.The fourth chapter mainly studies the legal regulation of the crime of false litigation.This chapter mainly includes two parts.The first part is the criminal-civil crossover issue of false litigation crimes.It distinguishes between false litigation crimes and civil false litigation crimes.Based on this,it analyzes how to deal with a false litigation case in judicial practice.The criminal law provides for the choice between the crime of false litigation and the provisions of the civil law on false litigation.The second part is the problem of accomplice identification in the crime of false litigation.From the perspective of the "Interpretation",this part separately puts forward the existing problems in the accomplice determination in the "Interpretation" in order to provide a reference perspective for judicial practice.