认定诉讼诈骗在本质上究竟是侵害了被害人的财产还是破坏了司法秩序,是对其进行恰当刑法评价的关键所在。针对该问题,应立足于对诉讼诈骗行为的牵连犯犯罪形态分析,对其按妨碍司法罪和诈骗罪进行数罪并罚。相关立法完善至少应包含以下两个方面,将诉讼诈骗对司法活动的破坏入罪化以及明确规定对诉讼诈骗按妨碍司法罪和诈骗罪进行数罪并罚。 Determining whether the lawsuit fraud basically violates the victim’s property or the judicial order is the crux of the proper criminal law evaluation. In response to this problem, we should base ourselves on the analysis of the criminal patterns of implicated offenders involved in the lawsuit frauds and punish them for crimes punishable by crimes against justice and fraud. The improvement of relevant legislation should at least include the following two aspects: to criminalize the damage caused by litigation fraud on the judicial activities and to clearly stipulate that the litigation fraud should be jointly punished according to the obstruction of justice and fraud.