| False litigation behavior is a tort in the civil field,this violation of honesty and credit,with the improper use and abuse,especially for this false litigation behavior repeatedly,wasting judicial resources,seriously undermining the judicial order and harming the legitimate rights and interests of the victim.Only through the civil law can not effectively regulate this behavior,the "Criminal Law Amendment IX" added the crime of false litigation,the fight against false litigation behavior to provide the support of criminal law.Because of this,the crime of crime of fraud and the crime of crime of fraudulent litigation there is a high possibility of competition,judicial practice for this type of financial crime of fraudulent litigation how to identify and distinguish has become an important issue.For this type of crime of fraudulent lawsuit how to grasp the legal provisions of the "fabricated facts" of the understanding,for the crime and incrimination is essential.The first part of the article introduces the case,gives the court’s decision and reasons,and analyses the focus of the case.The second part of the article analyses the focus of the dispute,focusing on whether the case constitutes a crime of fraud or a false lawsuit,and then analyses how the "fabricated facts" of the case are determined,and how to define whether it is a "Nothing in existence" or a "partial usurping and transformation" one."The third part is a comprehensive analysis of the circumstances of the case.The third part of the case is a comprehensive analysis of the case,to avoid repeated trials of false litigation and waste of judicial resources,to provide a clear distinction between crime of fraud and false litigation in judicial practice,and to put forward relevant views on whether "partial falsification" of false litigation can be criminalized. |
