【Abstract】 In The Civil Procedure Law and The Amendment of the Criminal Law( Ninth),false litigation entered the law and the crime successively. The relevant legal regulation system was initially established. On the basis of the deconstruction of"litigants"relationship and the protection of legal interest as the cornerstone,a series of problems in the construction of the legal system of current false litigation are explored. It is found that there is no intersecting between the criminal and the civil in the false lawsuit itself. But there are intersecting and mutual aid between the criminal substantive and civil procedural sanctions in the way of relief for the harm of false litigation. The transformation or connection of the two is an important node in the definition of crime and non-crime of false litigation. It is also the legal protection of legal interests such as the normal judicial order and the legitimate rights and interests of others. The phenomenon of"backing moving forward"in the process of constructing the legal system of false litigation has its legitimacy. With the continuous improvement of the regulation system,the legal system of the criminal code will be gradually relocated.
- 【文献出处】 学术探索, Academic Exploration, 编辑部邮箱 , 2018年05期