1, collect relevant evidence,
2. If a case is reported to the public security organ within its jurisdiction, the public security organ will conduct an investigation and hand over the relevant materials of the case to the procuratorial organ, which will bring a lawsuit to the people's court.
False litigation refers to:
An act of fabricating facts to file a civil lawsuit, obstructing judicial order or seriously infringing on the legitimate rights and interests of others.
1, the content of the constitutive elements is the act of committing the content of the constitutive elements of a crime as a litigant participant or other person in a civil lawsuit.
2, the form of responsibility is intentional, because it is for the purpose of causing others to suffer property losses.
3. The objective aspects are as follows:
Forging evidence: The so-called "forgery" refers to fabricating facts without any legal basis. Including complete manufacturing.
Destroying evidence: the so-called "destruction" refers to destroying and destroying evidence, including not only physically destroying the prototype of the object as evidence, but also consciously denying the content of the provided evidence so that it no longer exists.
Providing perjury: The so-called "providing" refers to submitting forged evidence to judicial organs. Forged evidence can be handed over to the judicial organs in advance, and can also be provided to the judicial organs when they conduct investigations and inquiries.
Instigating, helping to destroy or falsify evidence: The so-called "instigation" refers to encouraging or instructing others to destroy or falsify evidence by means of persuasion, instigation, buying and coercion. The so-called "help" refers to taking the initiative to provide convenience for others to destroy or falsify evidence.
4. The subject is a general subject, including both natural persons and units.
5. Subjectively, it is intentional, that is, knowing that one's behavior violates the normal order of the public and the legitimate rights and interests of others, as well as the integrity of his duty behavior, and has the purpose of obstructing judicial activities.
6. The object violates the judicial order and the legitimate rights and interests of others.
The harm of false litigation's behavior:
Whoever illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. More commonly, personnel of companies, enterprises or other units take advantage of their positions to conduct false litigation and embezzle the property of their own units. This kind of cases mostly occur in the process of enterprise restructuring and operation. At present, the cases investigated are mainly cases in which company and enterprise leaders conspire to fabricate wages or debts, and cases in which branch managers of construction companies conspire with material suppliers to fabricate materials. These cases fully meet the constitutive characteristics of false litigation's crime, but because of the identity of the personnel of companies, enterprises or other units, they also constitute the crime of duty embezzlement, which should be treated as a felony. In addition, state functionaries take advantage of their positions to conduct false litigation, embezzle public funds, or engage in official business in state-owned companies, enterprises or other state-owned units, and take advantage of their positions to engage in official business in non-state-owned companies, enterprises or other state-owned units, conduct false litigation and embezzle the property of their units. These cases fully meet the constitutive characteristics of false litigation's crime, but due to the special subject status of the relevant personnel, they also constitute the crime of corruption, which should be treated as a felony. False litigation's crime is consequential, not behavioral. There should be not only the act of fabricating facts to file a civil lawsuit, but also the consequences of "obstructing judicial order or seriously infringing on the legitimate rights and interests of others" "Obstruction of judicial order" mainly refers to provoking lawsuits without reason, which leads to repeated trials by judicial organs, or investigation and evidence collection, which consumes a lot of judicial resources and even leads to wrong judgments by people's courts; "Serious violation of the legitimate rights and interests of others" generally means that the other party has spent huge legal fees, attorney fees, appraisal fees, etc. In order to respond to the lawsuit, or the other party has difficulties in production and operation, bankruptcy, etc. Due to wrong judgment.
To sum up: false litigation is not only obstructing judicial justice. In some cases, such as paying a large amount of cash for false litigation's telephone calls, or bribing lawyers and judicial personnel to participate in false litigation, the judiciary will sentence them to commit fraud. But if it is a staff member, then the crime of import corruption may also be the crime of embezzlement. In a word, the specific interpretation of false litigation's crime filing clause is that judicial opportunity is crucial to crack down on illegal acts, and at present, maintaining judicial justice is the minimum mandatory requirement of the current legal system.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 112
If the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation or mediation, the people's court shall reject their request and impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.