An Analysis Of "Disturbing Judicial Order" In The Crime Of False Litigation

The Ninth Amendment to the criminal law stipulates the crime of false litigation into the current criminal law.Since then,there has been an exclusive charge for false litigation.However,there are still various problems in theoretical research and judicial practice.The reason is that the understanding of "impairing judicial order" is not enough,so it needs to be explored in depth.This paper is divided into three chapters.The first chapter discusses the specific problems existing in the crime of false litigation,including two kinds: the object type is not clear,the object primary and secondary is not clear.Then it analyzes the fundamental problem,that is,there is a lack of understanding of "obstruction of judicial order".The second chapter mainly discusses the way to solve the problem,namely the introduction of institutional interest perspective.This chapter is divided into two parts.One part is the theoretical background,that is,the theory of interest balance and its rationality in the field of criminal law.The other part is to explore the definition method,function standard and function path in the analysis of "impairing judicial order" of false litigation crime from the Perspective of institutional interest.The way to define it is to combine specific charges with similar crimes,and to define it through standard texts.The function standard includes three standards: value rank standard,constitutional principle standard and proportion principle standard.The path of action is divided into two kinds: judging the connotation of "judicial order" with the help of institutional interest measurement and judging the degree of "Harming judicial order" with the help of institutional interest measurement.The third chapter discusses how to interpret "obstruction of judicial order" from the perspective of institutional interests.In the understanding of "judicial order",there are four dimensions: the authority of justice,the order of judicial activities,the fairness of justice and the non abuse of judicial resources.In judging the degree of "obstruction of judicial order",it should reach the standard of "serious",which has different meanings based on different situations.In the "out of nothing" type,the standard of identifying the actor’s behavior as a false lawsuit is that the actor’s abuse of judicial resources exceeds the necessity of protecting the actor’s personal freedom.In the case of concealment,the standard of judgment is: the actor’s behavior leads to the unfair judgment which should not be attributed to the judge,and exceeds the necessity of protecting the personal freedom of the actor;in the case of tampering,the standard of judgment is: the actor’s behavior leads to the unfair judgment which should not be attributed to the judge,or causes the loss of judicial resources The degree of abuse exceeds the necessity of protecting the right to personal freedom of the perpetrator.