On The Identification Of “Fabricated Facts”in The Crime Of False Litigation

At present,the crime of false litigation is becoming more and more intense,the means of crime are very diverse,and the purpose that the actor wants to achieve through false litigation is emerging in an endless stream.Although 2018 "explain" the crime of false litigation various content has made the further regulation,but the crime of false action in the "fabricated facts" that there are still many disputes,including the part "tampering","to conceal the truth","false statements" pure behavior such as whether to belong to the fact that "fabricated" is inconsistent,Furthermore,it affects the reality that "partial tampering" and "concealing the truth" cases have different sentences in the same case.In addition,effective as of March 10,2021 projects,the two jointly issued by the "on further strengthening the false litigation crime punishment work opinion",realistic is pointed out that to distinguish the false litigation crime should pay attention to focus on the types of civil cases It includes cases of private lending disputes,cases involving house purchase restrictions and cases in which one party of the divorce proceedings is the defendant and the executed person is the defendant.Therefore,the first chapter of this paper focuses on the analysis of the actor how to fabricate the above false facts to make the court to accept,so as to make a wrong judgment.Then it analyzes the reality situation that the judicial circle currently has different recognition of other "concealing the truth" behaviors except "partial tampering" and specific concealing the truth,that is,concealing the fact that the debt has been fully returned.Next,the second chapter analyzes the theoretical circle from different interpretation standards to discuss these contents,and get inconsistent views.The third chapter mainly analyzes the causes of these disputes content,mainly including substantial explanation and form interpretation standard of differences that result,the behavior of the fact that "fabricated" itself and the complexity of the evidence rules lead to the difficulty on the cognizance of some behavior,and the rules of civil proof to conceal the truth "" behavior provides similar umbrella,Cause the judicial circle,the theoretical circle to these behaviors have identified the dispute.Finally,the last chapter of this paper puts forward the method of defining the "fabricated facts" in the crime of false litigation by the standard of substantive interpretation,and determines whether the "fabricated facts" are determined by whether they are sufficient to affect the fair ruling and whether they infringe the legal interests protected by the crime of false litigation.Thus to further determine whether "partial tampering" and "concealing the truth" can constitute the crime of false litigation,emphasizing the value of norms.According to ask questions,analyze problems,and finally make a unified standard to the problem of context,namely,adhere to the substantial interpretation standard in the crime of false litigation "fabricated" designation,judge the part "tampering","to conceal the truth","pure false statement" whether behavior violated the false litigation selective protection by law.To determine whether it is a "fabricated fact." In this paper,the substantive interpretation standard is only for the crime of false litigation,the purpose is to try to reduce the differences in identification,effectively combat the increasingly fierce crime of false litigation,and create a social atmosphere of honesty and credit.