1. Amendment 33 adds the crime of false litigation: "Whoever brings a civil lawsuit for fabricating facts for illegitimate interests and seriously disrupts the judicial order shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined." Whoever commits the acts mentioned in the preceding paragraph, encroaches on other people's property or evades legal debts shall be given a heavier punishment in accordance with the provisions of Article 266 of this Law on fraud. "Judicial personnel who use their powers to commit the acts mentioned in the preceding two paragraphs in collusion with others shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and severely punished in accordance with the provisions of heavier punishment. " In judicial practice, false litigation exists and needs to be punished by criminal law. But from a technical point of view, if there is a false lawsuit, there must be false evidence. Therefore, it is necessary to deal with perjury. However, if false litigation is convicted of fraud instead of perjury, it will only clarify some phenomena that have surfaced, and it will not be possible to establish a goodwill lawsuit. Therefore, it is suggested to amend the existing crime of perjury and extend it from criminal proceedings to all litigation (including civil and administrative litigation).
2. Article 34 of the amendment newly stipulates the crime of leaking litigation information: "Any judicial officer, defender, litigation agent or other litigation participant who leaks information that should not be made public in a case that is not tried in public according to law, resulting in public dissemination or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined." Whoever commits the acts mentioned in the preceding paragraph and divulges state secrets shall be convicted and punished in accordance with the provisions of Article 398 of this Law. If the case information specified in the first paragraph is publicly disclosed and reported, and the circumstances are serious, if the unit commits the crime mentioned in the preceding paragraph in accordance with the first paragraph, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the first paragraph. "For litigation information, what should be made public is the people's right to know, and what should not be made public cannot be made public to protect more important legal interests. At present, the biggest public channels are TV stations and newspapers, especially TV confessions, which violate the principle of presumption of innocence and reveal the investigation secrets. In view of this, it is the best policy to formulate a press law to clarify the boundaries of news. Controlling the media to report judicial content is the central policy of the administrative authorities; In the case of no borders, it is the best policy to punish the so-called leakers without teaching them.
3. In the end, the amendment amended Article 309 of the Criminal Law to read: "Whoever seriously disrupts the order of the court under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine:" (1) Gathering people to make trouble and assaulting the court; "(2) beating a judicial officer or a participant in a lawsuit;" (3) Insulting, slandering or threatening judicial personnel or participants in litigation, and refusing to listen to the court to stop them; "(4) Other acts that seriously disturb the order of the court."