对诉讼诈骗行为的刑法分析

An Analysis of Litigious Swindling Act from the Angle of Criminal Law

诉讼诈骗现象是近年来司法实践中出现的一种新类型的危害社会的行为。刑法理论界和司法实务中围绕这类案件的定性等问题展开了激烈的争论。从犯罪构成要件的角度分析,诉讼诈骗行为符合诈骗罪的构成要件,应定性为诈骗罪。

Litigious swindling is a new act that harms the society . This act has appeared in judicial practice in recent years . The characterization of such a case and other related problems have been discussed among the theorists of criminal law. From the perspective of the constitutive elements of crime , the litigious swindling act is in conforminty with the constitutive elements of swindling crime , so should be characterized as swindling crime.