诉讼欺诈侵财行为定性研究

Qualitative Research on the Infringement of Property’s Act of Litigation Fraud

诉讼欺诈行为具有严重的社会危害性,但由于行为本身带有的复杂性和性质的特殊性,加之我国现行刑法对其也无明文规定,导致司法实践中对此类行为的定性和处罚结果差异甚大,刑法理论界也存在颇多争议。对于诉讼欺诈行为,在目前刑法尚未作出专门评价的情形下,宜按诈骗罪定罪处罚。又因诉讼欺诈行为的社会危害性具有独特性,以诈骗罪论处不足以全面和准确评价之,我国刑法应单独设立"诉讼欺诈罪"。

Litigation fraud does great harm to the society. However, since the behavior is so complicated and especial, and has not been unified and enacted explicitly in legislation, how to determine the nature and punish the act in judicial practice and theory circle show great differences. Litigation fraud should be convicted and punished in accordance with the crime of fraud under China＇ s existing criminal law. Taking many factors into consideration, China＇ s criminal code should establish the crime of litigation fraud singly, because the litigation fraud does especial harm to the society, and to convict with the crime of fraud is not sufficient or exact.