Constitution And Judicial Determination Of The Crime Of False Litigation

With the rapid development of the modern market economy,business interests,driven by strong effect,caused the social contradictions occur frequently,lawsuit dispute resolution naturally became the people are the effective ways to resolve conflicts,but at the same time,by way of litigation dispute resolution also inevitably some criminals use,become the interests of the seek illegal crime tool,the false litigation is a typical example of the crime.In order to effectively combat the crime of false litigation,China’s criminal law not only specifically added a provision of false litigation crime,and the supreme people’s court,the supreme people’s procuratorate also issued the corresponding judicial interpretation,it can be said that the punishment of false litigation crime has formed an effective legal regulation.However,the legal provisions are fixed,but the conduct of false litigation crime is diverse.Therefore,in the judicial practice of cracking down on the crime of false litigation,there are still many differences in the determination of facts and the application of law,and the phenomenon of different judgment results in the same fact also occurs from time to time,which has a serious adverse impact on the authority and impartiality of judicial trials.False litigation in order to further improve the flaws of the crime in law,crack down on the crime of false action,better safeguard judicial order,this paper tries to the crime of false action concept,crime constitution and judicial cognizance,etc,combined with personal learned and carries on the analysis,research,demonstration,in order to solve the understanding of the different problems in practice.Firstly,the thesis gives a basic overview of the crime of false litigation,including the research significance,background,method,framework,definition of the concept,legislative background and application of the crime of false litigation.Through the comparison of domestic and foreign works,this paper analyzes the concept of this crime and the judgment results retrieved on the Internet,and studies the application status of this crime in practice.Secondly,analyze the false litigation crime crime constitution,including false litigation the cognizance of the cognizance of crime object,objective aspect,the cognizance of the cognizance of the subject,subjective aspect,mainly using the traditional method of four elements crime constitution theory and combined with the latest three class analysis,this paper studies in the crime of false action differences problems of crime constitution.Again,through to the crime in the crime of false action to stop form,preparation,accomplished,attempted crime and several crimes and carry on various analysis form,accomplice form research in judicial practice,often appear some investigators could not accurately distinguish crime unfinished form or is unable to distinguish between combined punishment for several crimes or from the actual problem such as a felony punishment,in order to achieve both can implement punish criminal legal effect,and can effectively protect human rights.Finally,through the discrimination of the crime of false litigation and fraud,perjury,obstruction of the crime of testifying related charges,to solve the judicial practice,the implementation of false litigation behavior and other charges of concurrence,confusion how to identify.In practice,in order to achieve illegal purposes,the actor often commits crimes together with others when carrying out false litigation ACTS,or causes the crime to be impossible for reasons other than his will,or commits other crimes while carrying out false litigation ACTS,resulting in contesting.In a word,the accurate distinction between the crime of false litigation and related charges is crucial to the punishment of the crime of false litigation and the better maintenance of judicial order.