| In order to better prevent and punish false lawsuits,the Criminal Law Amendment(IX)establishes the crime of false lawsuits.This article elaborates on the common types of false lawsuits and the process of legal regulation.The four major judicial dilemmas existing in the crime of false lawsuit are summarized through analysis: First,according to the original text of the crime of false lawsuit,it can be found that the object of the lawsuit punished by this crime is only false civil lawsuit,but after reviewing numerous specific practical cases,there are also false arbitration proceedings,administrative proceedings or criminal proceedings.Therefore,there is a problem that there is a narrow field of punishment for the crime of false litigation.Second,since the crime of false lawsuit is established in the second section of Chapter VI of the Criminal Law of obstructing judicial order,it is generally believed that the object aspect of the crime refers to obstructing judicial order,but according to the original text of the crime,it can be found that the objective aspect of the crime is It also includes serious violation of the legitimate rights and interests of others.Therefore,there are many disputes about the specific identification of the object of the crime,and there are many different viewpoints.Therefore,there is an unpredictable problem of legal interest in the object of the false lawsuit.Third,according to the analysis of the case data on false litigation collected on the Chinese Judgment Documents Online,it can be found that there are differences in the judgment standards,criminal behavior determination,harmful result determination and sentencing degree determination in the same case,and the false litigation behavior is a civil and criminal case.There is a big difference in the number of treatments.Therefore,there is a problem that the criminalization standard is unclear when filing a false lawsuit.Fourth,according to the case data collected from 2012 to 2020,it can be concluded that in the type of criminal case,the crime of false prosecution is the crime of obstructing testimony or the crime of helping to destroy or forge evidence.Years later,it was mainly determined as a crime of false lawsuit.Therefore,it is proposed that there is a blurred boundary between the crime of false litigation and the crime of fraud,the crime of obstructing testimony,the crime of helping and destroying forged evidence and the crime of false bankruptcy.Combined with the analysis of the behavior characteristics of the crime of false lawsuit,it puts forward perfect suggestions from the aspects of legislative perfection and judicial perfection.In terms of legislative improvement,it is proposed to clarify the specific legal interests infringed.The protection of legal interests of the crime of false litigation is optional,and can be divided into "judicial order" or "judicial order and the legitimate rights and interests of others",and proposes that arbitration procedures,administrative litigation or private criminal prosecution should be included in the field of punishment for the crime of false litigation.In the aspect of judicial perfection,the author analyzes the common types of false lawsuits proposed in Chapter 1 by means of the four elements of crime,and draws the conclusion of the crime of false lawsuits,and accurately distinguishes the boundary between this crime and the other crime. |
