The crime of false litigation refers to the serious act of suing others or claiming rights based on false facts. According to the law, he will be sentenced to criminal detention or fixed-term imprisonment and shall also be fined.

The crime of false litigation is a criminal act, which refers to the act of a party deliberately fabricating false evidence or providing false facts as a basis to sue others or assert their own rights, thereby achieving an illegal purpose. The crime of false litigation is relatively common in judicial practice, which seriously infringes on the legitimate rights and interests of others and jeopardizes judicial fairness. According to the judicial interpretation of the "Several Issues Concerning Handling False Litigation Criminal Cases by the Supreme People's Court and the Supreme People's Procuratorate", the criteria for the crime of false litigation with particularly serious circumstances are: causing significant economic losses to others, affecting the interests of the public, or the country and the people interests, and undermine the serious and fair trial work of judicial organs. In this case, the defendant will be sentenced to a heavier penalty, including criminal detention, fixed-term imprisonment, and a fine. The crime of false prosecution is an intentional crime and therefore requires a clear intention and factual basis. When trying false litigation cases, the court will make a determination based on the specific circumstances of the case and conduct an in-depth and detailed review of the relevant evidence and facts to ensure judicial justice and fairness.

If the plaintiff did not intentionally make a false prosecution, but only caused the false prosecution by mistake, is he also liable for the crime of false prosecution? If the plaintiff files a claim due to a mistake or misunderstanding and then withdraws the claim without causing damage, it generally does not constitute the crime of false litigation. However, if the plaintiff deliberately falsifies evidence or conceals the truth, causing others to suffer heavy losses, he may face charges of false prosecution.

The crime of false litigation is an act that seriously endangers the interests of the public and social justice, and its liability is strict. In the process of litigation involving civil disputes and criminal cases, the parties concerned should remain objective and calm, provide real evidence and facts, and avoid unnecessary consequences caused by negligence and intentional false prosecution.

Legal basis:

Article 1 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in the Handling of False Litigation Criminal Cases" adopts methods such as forging evidence and making false statements. Whoever commits one of the following acts, fabricates civil legal relationships, fabricates civil disputes, and files a civil lawsuit in the People's Court shall be deemed as "initiating a civil lawsuit based on fabricated facts" as stipulated in Article 307-1, Paragraph 1, of the Criminal Law

(1) Malicious collusion with one of the spouses to fabricate the joint debt of the couple;

(2) Malicious collusion with others to fabricate the creditor-debt relationship and the agreement to pay debts in kind;

(3) Malicious collusion with the legal representative, director, supervisor, manager or other management personnel of the company or enterprise to fabricate the debts or guarantee obligations of the company or enterprise;

(4) ) Fabricating intellectual property infringement relationships or unfair competition relationships;

(5) Declaring fabricated claims during the trial of bankruptcy cases

(6) Malicious collusion with the person subject to execution , fabricating creditor's rights or priority or security rights to seized, detained or frozen property;

(7) Unilaterally or in malicious collusion with others, fabricating identity, contract, tort, inheritance and other civil legal relationships Other behaviors. Concealing the fact that all debts have been paid off and filing a civil lawsuit in the People's Court to require others to perform their debts will be considered as "filing a civil lawsuit based on fabricated facts."