论文部分内容阅读
诉讼欺诈是一种独特的危害社会的行为,目前我国刑法理论和司法实务界对诉讼欺诈行为的定性还未形成统一意见,而现行刑事立法中对诉讼欺诈行为的处理方式已明显不能满足实践中发生的各种诉讼欺诈案件。因此,本文试通过对诉讼欺诈行为的定性分析,厘清诉讼欺诈行为与诈骗行为的异同,并从立法角度提出设立“诉讼欺诈罪”的建议,从根本上解决对诉讼欺诈案件的处理。
Litigation fraud is a unique act of endangering the society. At present, the criminal law theory and judicial practice in our country have not formed a unified opinion on the characterization of litigation fraud, but the handling of litigation fraud in the existing criminal legislation has obviously failed to meet the practice A variety of lawsuit fraud cases occurred. Therefore, this paper attempts to clarify the similarities and differences between litigation fraud and fraud through the qualitative analysis of litigation fraud, and puts forward the proposal of setting up the lawsuit of “fraud fraud” from the perspective of legislation, so as to solve the handling of litigation fraud cases fundamentally.