Research On The Judicial Application Of False Lawsuit Crime

Amendments(IX)to the Criminal Law added the crime of false litigation,and later relevant interpretations and documents were issued one after another,cracking down on false litigation to a certain extent and achieved certain results.However,there are still many problems that need to be discussed in the judicial application of false litigation crimes.Starting from some false litigation cases in judicial practice,this paper analyzes and discusses the difficult problems existing in the judicial application of false litigation crimes.This article consists of five parts: The first part is the introduction,which introduces the research background and significance of the article,the domestic research status,research samples and research methods,innovations and shortcomings.The second part is the current situation and existing problems of judicial application of false litigation crimes.Through the analysis of samples,the judicial application status of false litigation crimes are sorted out,and the problems existing in the judicial practice of false litigation crimes are sorted out with the help of typical cases,mainly including the composition,form of crimes,and the distinction between this crime and other crimes.The third part is the analysis of the difficult problems in terms of the constituent elements of the crime of false litigation.The object side believes that the two objects of "judicial order" and "legitimate rights and interests of others" belong to the inevitable progressive relationship in juxtaposition.When sentencing,the number and degree of infringement of the object should be taken into account;objectively,it is believed that "concealing the truth type" and "partial tampering type" are the behavior mode of behavior of false litigation crimes;the subject side believes that the defendant and third parties with independent requests have the subject qualification.The fourth part is the analysis of the difficult problems in determining the form of false litigation,which is mainly carried out from three aspects: stopping form,accomplice form and crime number form.In terms of stopping form,it is believed that the false litigation crime is a result offender.In terms of attempted judgment,it is necessary to judge whether the act essentially hinders judicial order and seriously waste judicial resources,and treat it differently according to the specific situation.In terms of accomplice form,attention should be paid to distinguishing between instigators and assisting offenders,and distinguish convictions and sentencing according to the role played by the perpetrator in joint crimes;in terms of the form of the number of crimes,it is analyzed as imagined complicated offenders and implicated offenders in false litigation crimes.The fifth part is the analysis of the difficult boundary between the crime of false litigation and other crimes.The difference between it and the crime of fraud focuses on the grasp of the object of the crime and the amount involved,and whether the perpetrator actually obtained property;the difference from the crime of obstruction of testimony to grasp the mode of behavior and combine subjective purpose;and the crime of helping to destroy and falsify evidence.The distinction grasps whether the subject,behavior mode and behavioral circumstances are serious or not.The article tries to analyze and study the problems arising in judicial practice through empirical evidence and case analysis combined with theory,hoping to contribute to the judicial application of false litigation crimes.