The Criminal Regulation Of False Behavior In Civil Litigation

Articles 111-113 of the Civil Procedure Law,Article 307 of the Criminal Law,the crime of obstructing testimony and the crime of helping to destroy or falsify evidence,and the crime of false litigation,one of the crimes of Article 307,have carried out false acts in civil proceedings that disturb the judicial order.Regulation,but there are loopholes in regulation.In this paper,the core issue is to improve the criminal law system of false behaviors in civil litigation.The first chapter defines the research scope of this article and classifies the types of false behaviors.The false behavior of civil litigation defined in this article is limited to the behavior of the participants in the civil litigation that violate the principle of good faith and obstruct the judicial order.On this basis,according to the direct purpose of the behavior,the behavior is divided into three types: false litigation type false behavior,obstructing fact finding type false behavior and interfering with litigation procedure type false behavior.The second chapter discusses the controversial issues of the current regulation of false litigation-type false acts.The crime of false litigation stipulated in the current criminal law is aimed at this kind of behavior,and the issue of the regulation of false actions of false litigation is essentially a controversial issue of the constituent elements of the crime of false litigation.The act of carrying out the crime of false litigation is only to "initiate",and not to "fake" as the premise;and "initiate" should include the circumstances of "change" the litigation request.The substantive determination standard of "fabricated facts" involves the creation,change or elimination of civil legal relationships to the extent that it affects the determination of the basic legal relationship of the case.The legal relationship determined by "arbitration awards based on fabricated facts" is based on the law of arbitration.Relationship,as long as the arbitration itself has correct procedures and the documents are true,the legal relationship based on arbitration is not a fabricated legal relationship."Obstruction of judicial order" and "serious infringement of the lawful rights and interests of others" are parallel in form,but in essence they are inclusive."Judicial order" is the only legal benefit of the crime of false litigation.The completion of the crime of false litigation should be developed around the legal benefits of the judicial order.The crime of false litigation is a consequential crime,and the commencement of the litigation procedure is the standard of completion.The third chapter discusses the plan of criminal regulations that hinder the fact-finding type of false acts.The method of summarizing false behaviors that hinder fact finding can refer to false litigation behaviors.This type of behavior is "proof",and "concealing the truth" when the party bears the burden of proof constitutes a way of proving omission.The content of "proof" is "fabricated facts,which are facts that affect the disputes of the judge’s decision.The fact that the parties involved in the arbitration award made with known errors or fabricated facts is a " fabricated fact " in this act." It needs to be false,and the evidence of "false divorce" does not constitute false in essence.The subject of this act is a person who can prove the fabricated facts,not limited to the parties with the burden of proof,but should also include other litigation participants.The criminal law does not Clarify the regulation of false acts that hinder fact-finding,the establishment of the crime of false litigation provides a logical basis for the criminalization of such acts,and the crimes of obstructing testimony and helping to destroy forged evidence indicate that such actors are punishable,and such acts should not be evaluated.They are “no expected possibility” and “non-punishable behavior afterwards.” This type of false behavior has a different focus from evidence crime,and it is not appropriate to use existing evidence crimes to regulate,and a new crime should be established.The fourth chapter discusses the criminal law and regulation plan for the false behavior that interferes with the litigation procedure.False behaviors that interfere with litigation procedures are mainly manifested as hindering the advancement of procedures,which are different from other ways of guiding and facilitating advancement,and are more concealed.According to the mode of behavior,the false behavior that interferes with the litigation process can be divided into compound interference type and simple interference type.The combination of compound interference type and other types of false litigation behaviors,interferes with the same litigation process,is essentially a false behavior that interferes with fact finding;To interfere with different procedures,it is necessary to protect the directly infringed litigation procedures as well as the indirect infringing litigation procedures,so as to regulate by imagining competition.For the simple interference type,my country’s criminal law regulates the protection of related legal interests,but there are deficiencies in which the distinction between crime and non-crime is unclear and there are loopholes in the expression of the law.For the crime of disrupting court order in Article 309 of the Criminal Law,it is necessary to expand its behavior and scope of application;for refusal to execute the sentence and conviction in Article 313 of the Criminal Law,the main reason is to clarify the incriminating standard.