An Empirical Study On The Application Of "Fabricated Facts" Clause In The Crime Of False Litigation

The punishment of false litigation behavior is the result of the realistic needs and the requirements of the times.However,due to the ambiguity of the legal language,the theoretical circle and the practical circle have different interpretations of the contents of the law,which leads to the confusion of the judicial application of this crime.In order to classify the cases,this crime is limited to the field of private lending.At the same time,in view of the stereotyped effect of the practice of legal interest infringement,it is necessary to analyze and discuss the "fabricated facts" clause of the crime of false litigation.Through the empirical study of the judgments and typical cases of private lending false litigation crimes in Zhejiang Province from 2019 to 2021,it is found that there are still many special problems to be solved.First of all,whether the crime of false litigation can regulate "partial tampering" cases is still controversial.To solve this problem,it is necessary to clarify the relevant concepts of "fabricated facts" clause.The essence of "fabricated facts" is the fictitious litigation right,and the substantive understanding of "facts" must be the cause of the appeal that will affect the fair verdict.Therefore,partial tampering cases that have basic civil legal relations and civil disputes but only undergo "quantitative tampering" are excluded from the regulation scope of the crime of false litigation.Secondly,in practice,there is confusion in the identification of false litigation crime and fraud crime of false litigation type property infringement crime.After sorting out the judgment thinking of the court,it is found that there is a lack of unified standard for the identification of whether there is "illegal possession purpose".In order to define the subjective purpose of the doer,it is still necessary to return to the objective behavior of "fabricating facts" to judge,and put forward appropriate evaluation criteria in combination with private lending cases.Finally,the degree to which "fabrications" impair judicial order also affects the conviction.Although it has clarified that the core legal interest of the crime of false litigation is the judicial order,there are cases in practice that the false litigation behavior which constitutes a crime in form is treated as a crime.In addition to the guidance of the principle of combining leniency with severity of criminal law,it is still necessary to explore the judgment of the different degree of infringement of legal interest by the false litigation behavior.Therefore,in the case that the degree of obstruction of judicial order cannot be quantitatively studied,the value measurement mechanism is introduced to discuss the protection of litigant’s right of action and national judicial power in different stages and types of cases.