Judicial Cognizance Of "practice Act" Of False Lawsuit Crime

False litigation behavior destroys judicial order and infringes on others’ legitimate rights and interests.The crime of false lawsuit is stipulated in one of the307 articles of Criminal Law of Our country,which refers to the act of filing a civil lawsuit with fabricated facts,impairs judicial order or seriously infringes upon the legitimate rights and interests of others.Since the establishment of this crime,because the wording of the article of law is too abstract and general,the theoretical and practical circles have different interpretations of the content of the article of law,so that there has not been a clear and specific identification standard to judge what kind of behavior constitutes this crime.In view of this,it is necessary to analyze and discuss the practice of the crime of false lawsuit,that is,to bring a civil lawsuit with fabricated facts,in order to clarify its determination standard and promote the correct application of the crime in judicial practice.First of all,it is clear whether the act of this crime is composed of a single act or a plural act.In order to correctly determine the execution of this crime,we should first clarify the protection interests of this crime.Judicial order and the legitimate rights and interests of others are the legal interests to be protected by this crime,but from the specific situation of the implementation of false litigation,the obstruction of judicial order is inevitable and preemptive,so it can be seen that the crime is established as long as the act violates the judicial order.Only the act of fabricating facts,but not the use of fabricating facts to file a civil lawsuit,that will certainly not harm the judicial order,there is no infringement of legal interests.It is not important whether the act of fabricating facts is completed by the perpetrator.The act of execution of this crime does not consist of two acts of fabrication and filing,but only consists of the act of filing a civil lawsuit with fabricated facts.Secondly,the identification standard of "fabricated facts",one of the components of the act of the crime,should be clarified.It advocates the use of material interpretation standard,that is,to judge whether a "fabricated fact" is based on the criterion of "infringement of legal interests"."Fabricated" is essentially a false facts,whether out of thin air imagination civil legal relationship does not exist,or tamper with the part of the civil juristic fact or is it the key facts to hide,as long as an undertaking civil litigation truth is false,is can be the court case,start of civil procedure,is the fact that "fabricated" of this crime.Specifically,a "fabricated fact" is determined by whether it meets the following two conditions: first,it is formed by forging,altering or concealing evidence or by concealing key facts.However,not all the forgery,alteration and concealment related to civil evidence constitute the fabrication of facts in this crime,which depends on factors such as the proving power of the evidence forged,altered or concealed in the lawsuit,the decisive degree of determining the legal relationship,and the degree of forgery,alteration or concealment.Second,to file a civil lawsuit,the need to be accepted by the court,the start of civil proceedings.Finally,the identification standard of "bringing civil action",another component of the act of the crime,is clarified."Filing" refers to the act that the actor puts forward a specific lawsuit request to the court based on certain facts.Of course,the subject of "filing" is the plaintiff,but it can also be the defendant who filed a counterclaim and the third party who has the right of independent claim.In order to avoid excessive consumption of judicial resources,the time node of "filing" should be the official filing date.The term "civil proceedings" covers all civil proceedings,excluding criminal proceedings,administrative proceedings and arbitration.