Study On The Crime Of False Litigation

In July 2020,the Guiding Opinions on Ensuring and Serving the Economic and Social Development under the Normalization of Epidemic Prevention and Control in accordance with the Law The Opinions on Giving Full Play to the Procuratorial Function to Serve and Guarantee "Six Stability" and "Six Guarantees" have been issued in succession,which is intended to emphasize that the judiciary should pay more attention to the unity of legal effect and social and economic effect,and should "be cautious in arrest and prosecution" when dealing with crimes involving enterprises To reduce the unnecessary criminal law risks in the business process.In the context of economic globalization,Chinese enterprises have experienced problems and tests in compliance.At the same time,with the development and transformation of China’s society,politics and economy,and the outbreak of the COVID-19 epidemic,the country has given various preferential policies to enterprises in order to restore economic development and build a good business environment for enterprises.This is positive protection.At the same time,in order to avoid social unrest caused by enterprises’ suspension of production and business due to criminal responsibility,the country began to explore the criminal compliance system of enterprises.It has achieved remarkable results in the field of anti-bribery and anti-monopoly.After the20 th CPC National Congress,the state vigorously supported the development of intelligent technology digitization,traditional Chinese medicine,new energy,environmental protection and other industries.The development of these industries undoubtedly expanded the scope of application of corporate criminal compliance.More industries can establish their own production and operation systems through corporate compliance rectification.At the same time,an enterprise should do well in the following three platforms: capital operation platform,asset operation platform and capital operation platform.The establishment of a legal,compliant and efficient operation system by the enterprise itself is the basis for the establishment of three platforms.It is essential to help the enterprise operate in accordance with the law and regulations through enterprise compliance.To promote the compliance of enterprises involved in the case,it is crucial to implement the third-party supervision and evaluation mechanism.After several pilot projects,the third-party supervision and evaluation mechanism has obvious advantages.The implementation of the third-party supervision and evaluation mechanism reflects the impartial position of the procuratorial organ.The prosecutor shall review the review of the compliance rectification decision,supervise the implementation of the compliance plan,and review the results of the compliance plan,and then decide whether to file a public prosecution according to the implementation of the compliance plan.To a large extent,the prosecutor is given enough space for the discretion of criminal non-prosecution.The launch of the third-party supervision and evaluation mechanism has greatly improved the professionalism of the supervision team,ensured the independence of supervision,and scientifically and reasonably reviewed the effectiveness of compliance construction,so as to prevent the prosecutor from simply suing or not suing the case;The use of third-party supervision and evaluation mechanism can reflect procedural justice.The third-party mechanism relies on the enterprises involved in the case,implements the enterprise compliance plan under the guidance of the third-party regulatory committee,weakens the strong position of the procuratorial organ,and to some extent avoids the embarrassing situation that the procuratorial organ is both a "player" and a "judge".Prosecutors do not have the professional ability of enterprise management.The introduction of a third-party mechanism can better implement the compliance plan and reflect the substantive nature of rectification;The implementation of the third-party supervision and evaluation mechanism is in line with the actual needs of enterprises.With the continuous innovation and change of science and technology,various new industries emerge in an endless stream,but the legal awareness of enterprises is still weak.Many enterprises stop production and business because of suspected infringement of intellectual property rights,trademark rights,patent rights,theft of trade secrets,tax evasion,and pollution of the ecological environment,which has seriously affected the development of social economy,and the unemployment rate is increasing.Launching the thirdparty mechanism is conducive to the substantive implementation of enterprise compliance rectification and helps enterprises The industry made up for economic losses and established a production and operation system in accordance with laws and regulations,which made the enterprise’s production and operation on the right track quickly and met the practical needs of the enterprises involved.This article summarizes and combs the third-party supervision and evaluation mechanism,analyzes the basic theory and necessity of the third-party supervision and evaluation mechanism,and expounds the connotation and value of this system,the origin and development of the extraterritorial Applicable conditions and modes.This paper summarizes the domestic status quo of the third-party supervision and evaluation mechanism,analyzes the existing problems of the third-party supervision and evaluation mechanism in China from the perspective of the necessity of the thirdparty supervision and evaluation mechanism,and puts forward targeted and reasonable suggestions for improvement according to the operation conditions in various regions.With a view to clarifying the relationship between the system and the relevant legal systems of the criminal substantive law and the criminal procedure law,as well as several difficulties in the exploration of the enterprise compliance system,scholars have enriched and expanded the existing academic research of the enterprise compliance system.It also has certain positive significance for the improvement of our criminal procedure law.