A Breakthrough In The Evidence Dilemma Of False Lawsuit Crime

In recent years,the phenomenon of false litigation has been on a high trend,and the geographical distribution is no longer limited to the economically developed areas,and the number of cases has been increasing exponentially.False litigation seriously interferes with judicial order and damages the legitimate rights and interests of others.On September 26,2018,the Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases of False Litigation,and the 14 th batch of guiding cases issued by the Supreme People's Procuratorate in 2019 respectively provided a strong institutional guarantee and case guidance for cracking down on false litigation.However,in judicial practice,there are still difficulties in the discovery,trial and determination of the crime of false litigation.In the aspect of evidence,it is difficult to obtain evidence and prove it,as well as problems in the connection of criminal procedures.Evidence is the core of solving and affirming the crime of false litigation,and it can only be determined by relying on evidence.Cha-cha-cha evidence is faced with a series of dilemmas such as collection,examination and proof.In order to better regulate false litigation behavior,maintain judicial authority and judicial credibility,to create a good civil and commercial litigation environment.This paper attempts to further explore the effective way to regulate false litigation from the perspective of evidence law on the basis of the existing research on the crime of false litigation.The body of this paper is divided into four parts:The first chapter introduces the constitutive elements of the crime of false litigation and clarifies the harm of false litigation.At the same time,the crime of false litigation evidence applicable characteristics and evidence value is summarized.The second chapter takes the judgment documents as the center to carry on the empirical analysis to the false litigation crime evidence application.This paper combs the evidence of the crime of false litigation respectively from the macro and micro angles.The third chapter elaborates the evidence dilemma of false litigation crime systematically.It includes the dilemma of obtaining evidence,the dilemma of proving method and the problem of evidence in the connection of criminal procedure.The fourth chapter explores the way out of the dilemma of evidence of false litigation crime.First,it puts forward the principle of evidence that the crime of false litigation needs to be adhered to.Then it discusses the methods to break through the evidence dilemma from four aspects: the optimization of the way of investigation and evidence collection,the optimization of the way of evidence examination,the construction of a flexible judicial system,and the connection procedure of criminals.