What's the difference between false litigation crime and fraud crime? What's the difference between false litigation crime and fraud crime?
1, time definition. False litigation crime is an act in "civil litigation"; Fraud is an act other than civil litigation.
2. Subjective definition. False litigation's crime is to obtain illegal benefits; Fraud aims at directly obtaining illegal possession of public and private property.
3. Definition of the object. False litigation's crime is a violation of the judicial order or the legitimate rights and interests of others; Fraud is a violation of the ownership of other people's public and private property.
What are the constitutive requirements of false litigation crime? What are the constitutive requirements of false litigation crime?
1, subject of crime
The subject of this crime is a general subject, aged 16, with criminal responsibility, and should also be a natural person with civil litigation capacity and the ability to file a civil lawsuit. The unit can also be the subject of this crime.
2. Subjective aspects
The subjective aspect of this crime is intentional, generally speaking, it is direct intentional, knowing that he is suing with fabricated facts. This crime does not stipulate that the actor needs to have a specific subjective purpose, so whether the actor false litigation's subjective purpose is to seek benefits and whether the nature of seeking benefits is justified does not affect the establishment of this crime.
3. The object of crime
The object infringed by this crime is a complex object, which includes not only the normal activity order of judicial organs, specifically the normal civil litigation activity order of judicial organs, but also the legitimate rights and interests of others such as property rights, marriage rights, adoption rights, custody rights and inheritance rights. False civil litigation not only wastes valuable civil judicial resources, but also leads to the failure of real litigation to be heard in time, which seriously hinders judicial credibility and judgment authority, and may also bring unpredictable risks to judges' profession.
4, the objective aspect
The objective aspect of this crime is that the actor brings a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes on the legitimate rights and interests of others.
First of all, the actor must fabricate facts. The so-called "fabricating facts" means that the actor fabricates and fabricates facts that do not exist at all and are 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. Specifically, it can include the following types:
(1) and "out of nothing" type, that is, the actor fabricated the relationship between creditor's rights and debts and forged evidence, such as IOUs and repayment agreements. And on this basis, sue the court and ask the victim to fulfill the "debt";
(2), "resurgence" type, that is, the actor takes the debt documents that the victim has performed but has not recovered or destroyed as evidence, and brings a lawsuit to the court to ask the victim to perform again;
(3), "use" type, that is, the actor falsifies relevant evidence to expand the creditor's rights, such as tampering with the loan amount on the iou and the conclusion of the disability level of the disability appraisal book.
Secondly, the actor must file a civil lawsuit. That is, between citizens, legal persons, other organizations and between them as equal subjects, lawsuits are filed for property relations and personal relations.
What should we pay attention to when we identify the crime of false litigation and the crime of false litigation? Whoever fabricates facts and brings a civil lawsuit, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, constitutes the crime of false litigation.
It should be noted that this is a crime that can be established by both units and individuals. The specific provisions are as follows:
According to Article 307 of China's Criminal Procedure Law, if false litigation files a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, he 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; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, 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.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
If more information can be provided, more detailed legal advice can be given.
What is the territorial jurisdiction of false litigation crime?
What is the territorial jurisdiction of crimes in false litigation?
Criminal cases shall be under the jurisdiction of the people's court of the place where the crime was committed. If it is more appropriate to have the case tried by the people's court of the defendant's domicile, it may also be under the jurisdiction of the people's court of the defendant's domicile.
What is the subject of false litigation's crime?
Units or individuals that file civil lawsuits with fabricated facts, obstruct judicial order or seriously infringe upon the legitimate rights and interests of others.
Under normal circumstances, the actor deceives the judicial organs by "fabricating facts" and forging evidence that is beneficial to him. In addition, crimes in false litigation may be committed in a way of "concealing the truth". In civil litigation, one party conceals the facts, deceives the court to bring false litigation, and seeks illegitimate interests. For example, in judicial practice, the parties take the debt documents or other materials that the other party has performed but not destroyed as evidence, and bring a lawsuit to the court, asking the other party to perform the debt again or achieve other illegal purposes. This is a typical way of "concealing the truth" to mention false litigation. Moreover, "concealing the truth" can be called "fabricating facts" in disguise, and the negative inaction of "concealing the truth" is equivalent to the positive action of "fabricating facts". Therefore, concealing the facts is also one of false litigation's actions.
Legal basis: criminal law
Article 307 Crime of obstructing testimony; Crime of helping to destroy or forge evidence; False litigation used violence, threats, bribery and other means to prevent witnesses from testifying or instigate others to commit perjury. , sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment.
What will be considered as a false loan lawsuit? The crimes committed by the investigation organs against false litigation, false litigation and false litigation are public prosecution cases. Under normal circumstances, the public security organ will file a case for investigation. The Criminal Law Amendment (IX) has made corresponding provisions on crimes committed in false litigation, that is, "bringing a civil lawsuit with fabricated facts, impairing the judicial order or seriously infringing on the legitimate rights and interests of others". There are two problems to be solved in determining this crime. ...
There are reasons for false litigation's appearance in private lending cases, and some parties think that the evidence of such cases is easy to be tampered with. Many people think that the evidence of private lending is IOUs. In order to avoid debts and transfer property, there may be collusion with others to forge debts. However, the court will not try a case on the basis of an iou. In addition to the foundation, ...
If malicious litigation is involved, criminal responsibility will be investigated according to law after investigation by the court. Because according to the regulations, if the parties attempt to infringe upon the legitimate rights and interests of others or achieve their own illegal purposes through litigation, which is verified by investigation and constitutes a crime according to law, criminal responsibility shall be investigated. According to Article 112 of the Civil Procedure Law, the parties colluded in bad faith. ...
Jurisdiction over the crime of false litigation A civil action brought against a citizen according to Article 21 of the Civil Procedure Law shall be under the jurisdiction of the people's court where the defendant is domiciled; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Article 22 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 24 A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.
Article 25 A lawsuit brought over a bill dispute shall be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant has his domicile.
Article 26 A lawsuit brought for the establishment, shareholder qualification confirmation, profit distribution and dissolution of a company shall be under the jurisdiction of the people's court where the company is domiciled.
Article 27 A lawsuit brought for a dispute over a railway, highway, water or air transport contract shall be under the jurisdiction of the people's court of the place of origin, destination or the defendant's domicile.
Article 28 A lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
Article 29 A lawsuit for claiming damages due to a railway, highway, water or aviation accident shall be under the jurisdiction of the people's court where the accident occurred, where the vehicle or ship first arrived, where the aircraft first landed or where the defendant has his domicile.
Article 30 A lawsuit for claiming damages due to ship collision or other maritime damage accidents shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the colliding ship first arrived, the place where the injuring ship was detained or the place where the defendant was domiciled.
Article 31 A lawsuit brought for salvage charges at sea shall be under the jurisdiction of the people's court of the place where the salvage act occurred or where the rescued ship first arrived.
Article 32 A lawsuit brought for general average shall be under the jurisdiction of the people's court at the place where the ship first arrived, where the general average was adjusted or where the voyage was terminated.
Article 33 The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:
(a) the lawsuit brought by the real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;
(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located;
(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.
Article 34 The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose a people's court such as the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located. It is actually related to the dispute, but it shall not violate the provisions of this law on hierarchical jurisdiction and exclusive jurisdiction.
Article 35 Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a suit in one of the people's courts. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first.
What is the sentencing standard for false litigation's crime? The sentencing standard of this crime is stipulated in the criminal law. The specific sentencing should be determined according to the seriousness of the circumstances and consequences of the crime.
The Criminal Law stipulates that:
Article 307-1 Whoever brings a civil lawsuit for the crime of false litigation on the basis of fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, 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; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, 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.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
What are the sentencing standards for those false litigation crimes? Provisions of the New Criminal Law on false litigation
Article 306-1 Whoever brings a civil lawsuit with fabricated facts, impairing the judicial order or seriously infringing upon the legitimate rights and interests of others, 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; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, 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.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
What are the evidentiary requirements for false litigation's crime? Article 306 of the Criminal Law stipulates that the defense of criminal proceedings, the destruction of evidence in litigation against China, the forgery of evidence to help destroy things, the forgery of evidence threats, the inducement of evidence to change testimony that is not conducive to facts or perjury should all be punished. Ye Luo mobile app application lawyers cover all cities and fields, and lawyers directly seek lawyers for this solution.