对诉讼欺诈行为的刑事法定化考量

The Consideration of Lawsuit Cheats Behavior Legally Criminalizing

诉讼欺诈行为具有严重的社会危害性,且在现实生活中有愈演愈烈之势,仅靠民事制裁力量显然已不足以抑制其发生。因而应当将其作犯罪化处理,在刑法分则中单独设立罪名,配置法定刑,以有效遏制其蔓延之势。至于对法院因诉讼欺诈行为作出错误判决而对诉讼相对人造成损害的,应视具体情况确定是否进行国家赔偿。

The lawsuit cheat behavior has serious social harm and has become more gravely in the real life. It can＇t prevent the occurrence of lawsuit cheat behavior only by the civil sanction strength. Thus the lawsuit cheat behavior should be criminalized. The law should set up the lawsuit cheat crime and legal punishment so as to hold back the spread effectively. The damage to the accuused which the lawsuit cheat behavior causes should get the compensation of country according to the special circumstances.