论诉讼欺诈之刑法调整

诉讼欺诈是指在民事诉讼中,当事人以提供虚假陈述并伪造证据或串通证人提供伪证的方法,使裁判机关作出有利于自己的裁判,从而使自己或与自己有关联的人从对方得到财物或财产性利益的行为。我国刑法没有规定诉讼欺诈罪,而诈骗罪、帮助伪造证据罪、妨害清算罪等现行罪名和民事诉讼法规定的妨害民事诉讼惩诫措施等均不能对诉讼欺诈进行完全调整。我国刑法应增立诉讼欺诈罪,以保护裁判机关的正常裁判活动和他人的财物所有权或财产性利益。

On the Adjustment of the Fraud in a Lawsuit by the Criminal Law

The fraud in a lawsuit means that, in the course of a civil lawsuit, a party makes false statements and forges evidence or gives false evidence in collusion with the witness so that the tribunal decides in his or her favour with the result that he or she or other persons connected with him or her will get property or material benefit from the other party. The Chinese criminal law makes no provision for the crime of fraud in a lawsuit. But neither existing crimes, such as fraud, aid in forging evidence and obstruction of liquidation, nor punitive measures against impairment of civil action provided for in the civil procedural law can adjust the fraud in a lawsuit completely. The Chinese criminal law should add the crime of fraud in a lawsuit in order to safeguard the regular adjudicating activities of the tribunal and the title to property or material benefit of other persons.