Research On The Qualitative Problems Of False Litigation

In 2015,the crime of false litigation was added to the Criminal Law Amendment(IX),and later in 2018,the "two high authorities" jointly issued the Interpretation on Several Issues concerning the Application of Law to Criminal Cases of false litigation,further guiding and explaining the conditions for the crime of false litigation,the number of crimes and other related issues.However,there are still many differences on the application of the crime in the criminal law theory level,the judicial application of the crime in the criminal justice level is not mature,there are also many problems to be clarified,this paper takes the judicial case as the entry point of the study,combined with relevant theoretical research,analysis of the crime in the judicial application process of the difficult points.The text of this paper is divided into three parts.The first part,from the perspective of practical cases,sort out the basic case of Ge Mujie,Zhu Muyong et al.’s false lawsuit and makes a legal analysis of this case.Establish the crime of obstructing testimony or the crime of false litigation and how to identify false litigation behavior.The second part of this paper is a comprehensive review of the focus of the case dispute,and guided by it,a specific analysis of the crime object,practice behavior and other issues of the crime of false litigation,pointing out that the crime is not a single object,but both the normal judicial order and the legitimate rights and interests of others in one,and the two objects should be equally protected.At the same time,the false lawsuit crime and the crime of obstructing testimony and other easily confused charges are differentiated to accurately distinguish the object of the crime and its judicial recognition problems,and then accurately identify the nature of the false lawsuit of Ge Xujie and Zhu Xuyong.Secondly,combined with the facts of the case and the court’s hearing opinions,it focuses on the analysis of how to identify the "fabricated facts" and the "filing of civil litigation" behavior,and probes into the dispute about whether the "partially falsified" fabricated facts constitute the crime of false litigation in the theoretical circle of criminal law,and analyzes the rationality of its existence in the crime.It also discusses the analysis and identification of the infringement of legal interests by false litigation.The third part of this paper,through the conclusion of case sorting and jurisprudential analysis,puts forward some improvement suggestions on the identification of the nature of false litigation and the judicial application of false litigation,such as promoting the improvement of the procedure of linking criminal and civil,establishing and improving the pretrial defense mechanism of false litigation,and giving full play to the effective identification and screening function of the court on false litigation.Relying on big data to realize false litigation information sharing and other ways to quickly identify and prevent false litigation behaviors to provide technical support,so as to curb the occurrence of false litigation behaviors,create an honest and trustworthy social atmosphere,and safeguard judicial dignity.