| The Criminal Law Amendment（IX）adds the crime of false litigation,which provides a legal basis for regulating false litigation.In 2018,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of False Litigation,which made detailed provisions on the crime of false litigation and defined the standards for judicial application.However,whether theoretical disputes can be settled and problems in judicial practice can be resolved still needs to be further studied in conjunction with cases.The controversial cases of the crime of false litigation show that the problems existing in their sentencing are,in the final analysis,the different results of different courts’ understanding of the object of this crime,especially the positioning and function of the object of "the legitimate rights and interests of others".As for the relationship between the two objects of "judicial order" and "the legitimate rights and interests of others",whether it is a single object theory or a primary and secondary object theory,it is impossible to deal well with the disputed issues in judicial practice.The theory of a single object can easily lead to an unreasonable reduction in the scope of punishment for this crime,nor does it conform to the principle of interpretation of the Criminal Law,and has extremely limited guiding significance for judicial practice.The primary and secondary object theory has a certain degree of rationality in theory,but once it enters the field of judicial practice,it cannot make a reasonable response to the problems of the establishment standards of the crime of false litigation,the form of criminal cessation,and the sentencing.As one of the classifications of complex objects,random objects do not have a substantial impact on the establishment of the crime because it is not certain whether they have been violated in the crime,and only play the role of sentencing.Judicial order,as the main object,is a constituent element of the crime of false litigation.The lawful rights and interests of others as random objects are the sentencing circumstances of this crime.The random object theory can better clarify the legislative positioning of the two objects and standardize the sentencing standards for the crime of false litigation.In addition,the random object theory can better respond to the question of whether the "partial tampering" behavior in judicial practice constitutes the crime of false litigation.The "partial tampering" behavior virtual part of the right to sue hinders judicial order,and should not be blindly criminalized,and on the basis of considering social harm and criminal punishability,it can be found to be a false litigation crime. |
