Legal analysis
False litigation's crimes include the crime of obstructing testimony, helping to destroy, forging evidence, forging, altering, buying and selling official documents, certificates and seals of state organs, stealing, robbing, destroying official documents, certificates and seals of state organs, forging seals of companies, enterprises, institutions and people's organizations, forging and altering resident identity cards, refusing to execute judgments and rulings, fraud, job embezzlement and corruption. Among them, the crime of fraud can be sentenced to life imprisonment. The second is civil liability for compensation. False litigation has infringed a third party outside the case, and the injured interested party may bring a compensation lawsuit to the court. The third is administrative responsibility. The staff of the people's courts who participate in false litigation shall be dealt with in strict accordance with the Judges Law, the basic norms of judges' professional ethics and the norms of judges' conduct. If an agent ad litem participates in false litigation, he shall be punished according to law, and judicial suggestions shall be issued to the judicial administrative department, lawyers' association or trade association. The fourth is economic responsibility. False litigation participants can be fined by the court. The fifth is to be included in the blacklist of credit information. The inclusion of false litigation participants in the list of untrustworthy people makes it difficult for them to move in social life. The Civil Procedure Law of People's Republic of China (PRC) stipulates that 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.
legal ground
Article 35 of the Criminal Law Amendment of People's Republic of China (PRC) adds one article after Article 307 of the Criminal Law as Article 307: "Whoever brings a civil lawsuit with fabricated facts, impairs 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 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 of heavier punishment, and any judicial officer who uses his power to commit the acts mentioned in the preceding three 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 given a heavier punishment in accordance with the provisions on heavier punishment. "