Current location - Quotes Website - Personality signature - What are the laws and regulations on false litigation?
What are the laws and regulations on false litigation?
False litigation crime is one of the newly added crimes in the Criminal Law Amendment (IX). It is a crime of false litigation to file a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others. How to understand fabricating facts? The so-called fabrication of facts means that the actor fabricates and fabricates a fact that does not exist at all and is contrary to the real situation. There can be no fabrication of any real elements at all, or there can be some fabrication of real elements. Pay attention to the following situations: (1) The boundary between crime and non-crime. Subjectively, the actor has no specific subjective purpose, and whether he seeks benefits or not, whether the benefits he seeks are legitimate or illegitimate, can constitute this crime. For example, in order to get back the loan, the actor falsely transferred the creditor's rights to others because he was embarrassed to speak, and others filed a lawsuit to get back the loan. This situation also conforms to the objective harmful behavior stipulated in this crime. (2) The boundary between this crime and other crimes, such as false litigation crime and fraud, embezzlement, perjury and obstruction of testimony. (3) In the practice of several crimes of this crime, there may be acts that the perpetrator fabricates facts, files a civil lawsuit, obtains a favorable civil judgment and seriously hinders the judicial order for the purpose of illegally possessing other people's property or evading legal debts. According to the provisions of the criminal law, it may not only meet the crime of false civil litigation, but also meet the crime constitution of fraud, embezzlement and other crimes.