刑事法视野中的诉讼欺诈行为研究

诉讼欺诈以伪造证据、提起虚假民事或行政诉讼为手段,严重破坏审判秩序、侵害被害人利益,是一种具有严重社会危害性的行为,已超出民事和行政手段可以调整的范畴。我国刑法理论和司法实践对诉讼欺诈行为的定性分歧很大。事实上,诉讼欺诈与诈骗罪存在巨大差异,并且,它并不是敲诈勒索罪的特殊形式,而且将其纳入妨害作证罪也是不合理的。因此,当今刑法无现成的罪名与之相匹配。因此,我国刑法应增设诉讼欺诈罪,合理配置其法定刑。

Studies on the Act of Litigation Fraud in the view of Criminal Law

The act of litigation fraud means that,in the coruse of civil or administrative litigation,a party makes false statements,which has grievous social harmfulness,and destroys the regular adjudicating activities and the behoof of the other party seriously.This problem has been outside the domain of civil and administrative law.There is much difference in defining the act of litigation fraud between china's theory of criminal law and its judicial practice.In fact,there are many great differences between the act of litigation fraud and the crime of fraud,and,it isn't the particular modality of blackmail,moreover,it's irrational to regard it as the crime of impairing testifying.So,the criminal law makes no provision for the act.Consequently it is imminent to do criminological sutdies and add the crime of litigation fraud in the criminal law.