诉讼欺诈研究

诉讼欺诈是一种为非法占有他人财物,在民事诉讼中使用虚假证据骗取法院的错误判决,从而获取公私财物的行为。我国刑法对诉讼欺诈不予调整,致使司法实践中诉讼欺诈现象严重。必须将诉讼欺诈规定为犯罪,由公安机关运用刑事侦查手段打击诉讼欺诈行为,以保证正常的审判秩序和人民的财产安全。同时建议修改刑法典第305条,将伪证罪的主体扩大到民事诉讼的当事人,从而从根本上解决诉讼欺诈在刑事司法上无法可依的尴尬局面。

A Study of Litigation Fraud

Litigation fraud refers to getting a large number of public and private property by using fake evidence to deceive the court into making wrong judgment in civil litigation with purpose of illegally occupying others' property.There is no stipulation about litigation fraud in our country's criminal law,which results in the very existence of litigation fraud in judiciary practice.Litigation fraud must be stipulated as a crime and be combated by public security organs with means of criminal investigation to ensure the normal order of the trial and the security of people and property.Meanwhile,it's suggested that section 305 of Penal Code be revised to expand the subject of the crime of fake evidence to civil parties,thus fundamentally solve the embarrassing situation that there is no law to abide by on litigation fraud in criminal justice.