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恶意诉讼案件或因串通而具有很强的隐蔽性,或因诬告而具有很大对抗性,容易造成法院误判和社会不稳定,具有社会危害性和刑事违法性,应尽快把恶意诉讼情节较为严重的行为纳入刑法范畴予以打击。恶意诉讼侵犯的是复杂客体,却最直接侵犯了人民法院的审判活动,并通过侵犯人民法院的审判活动来实现其不法目的,故建议增设伪诉罪,并建议归入妨害司法活动罪范畴。
Malicious litigation cases are highly concealed due to collusion or are highly confrontational due to false accusations, which can easily lead to miscarriages of the courts and social instability. They are socially harmful and criminal in nature. As a case of malicious litigation, Serious behavior to be included in the scope of criminal law to combat. Malicious litigation violates the complex object, but most directly infringes on the people’s court’s trial activities and infringes the people’s court’s trial activities to realize its illegitimate purposes. Therefore, it is proposed to increase the number of false offenses and to put it in the category of obstruction of judicial activities.