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Conception of the Criminal Law System on Fraud Litigation.

Author: WangChenYe
Tutor: WangRuiJun
School: Shandong University
Course: Legal
Keywords: Fraud litigation Crime Criminal law system Value
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract

Fraud Litigation, in civil litigation, is the behavior to cheat the people’s court judge, jeopardize the other party or third-party interests, and to waste judicial resources through false evidence, false statements, misuse of the right and other means. This great social harm behavior, because of the lack of characterization as the law and the imperfect of the punish mechanism currently, the identification and punishment of different local courts have no uniform scale, encouraging it into a multiple by the occasional state, harm China’s judicial order, jeopardize the legitimate interests of the parties, it couldn’t delay to evaluate criminally the behavior. This essay is to discuss the fraud litigation with regard to its characteristics and social harm, as well as the value of the Criminal Law to its regulation. In lights of practically specific cases, this essay analyzes the difference between and some theoretically controversial crimes, by highlighting the comparison with traditional fraud crime. The conclusion is drawn that traditional fraud crime cannot completely cover the formulation of fraud litigation, therefore the crime of obstruction of justice should be added in the lawsuit of fraud, and preliminary ideas regarding adding fraud lawsuits to the Criminal Law are initiated.The following article is divided into six parts, mainly as follows:PartⅠ:Introduction, a brief introduction of background of this social phenomenon fraud litigation and research status at home and abroad, and to show the significance of the topics, and to elicit the body.PartⅡ:Overview of behavior of fraud ligation. To introduce the basic problem of behavior of fraud ligation. language analysis, and behavioral characteristics.PartⅢ:Analysis of the harm to society of fraud litigation. To analyze the harm to society combined with case studies, on the option of view from the act and spirit of the victim, the erosion of our justice system aspects.PartⅣ:Theoretical Evaluation and Practice identified on the nature of fraud litigation. To describe several views at domestic on the identification of the nature of fraud litigation.PartⅤ:Independent character of fraud litigation than the fraud. Analyze the independent nature of the fraud litigation with the points of view on the difference who is largely disputed between the fraud litigation and fraud.PartⅥ:Necessity and value of evaluation of criminal fraud litigation. This part is the focus of this article, it shows that the criminal law system on fraud litigation is a scientific legislative option.PartⅦ:Conception of the criminal law system on fraud litigation. This part mainly is about my own shallow opinion on the configuration of the proceedings from the screening, the jurisdiction to legal punishment of the fraud.The last part is the conclusion, a brief description of the practical significance to create the criminal law system on the fraud Litigation. This article has about twenty-eight thousand words

Conception of the Criminal Law System on Fraud Litigation.

Abstract

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