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当前,社会经济快速发展,公民的虚假诉讼案件也泛起激烈增加的趋向。对于虚假诉讼违法行为,随着《刑法修正案(九)》的颁布,在民事诉讼法和刑法层面终于建立起较为完善的对接法律依据,促使各个法院处理此类犯罪案件依据不一的状况得以改变。在虚假诉讼罪犯罪构成中,其客体是复杂客体,既包括司法机构正常的民事诉讼活动秩序,也包括个人、单位的合法权益,其中,前者是主要客体,而后者是次要客体;在客观方面,应以假造对方当事人违法事实之手段而提起诉讼,且为民事争议,造成严重损害他人正当权益或者妨害司法秩序的成效;在犯罪主体方面,是一般主体,若是司法工作职员实施本罪,则应从重论处;在犯罪主观方面,仅可为存心,即直接故意。虚假诉讼罪与容易混淆的诈骗罪、伪证罪、侵占罪在四大犯罪构成等方面都有所不同。
At present, the rapid development of social economy and the fake lawsuit cases of citizens are also undergoing a drastic increase. With regard to the illegal acts of false litigation, with the promulgation of the “Criminal Law Amendment (IX)”, a relatively complete legal basis for docking has been established at both the civil procedure law and the criminal law level, prompting various courts to handle such cases based on different conditions change. In the constitution of crime of false prosecution, its object is a complex object, which includes both the normal order of civil lawsuit activities and the legitimate rights and interests of individuals and units. The former is the main object and the latter is the secondary object. In the aspect, the lawsuit should be made in the way of falsifying the other party’s illegal facts, and it is a civil dispute, causing serious damage to the legitimate rights and interests of others or impeding the judicial order. In terms of the criminal subject, it is the general subject. If the judicial staff implement the crime, It should be re-at; in the subjective aspects of crime, only for the intention, that is directly intended. False litigation and easy to confuse the fraud, perjury, embezzlement crime in the four major aspects of crime are different.