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随着社会主义市场经济的建立,社会失范现象频发,各种新型犯罪层出不穷,诉讼诈骗就是其中一个新型犯罪形式,实践中关于诉讼诈骗的案例也非常多,但刑法理论界和实务中对该行为的定性存在争议。文章试图通过对诉讼行为的性质进行分析,认为对以非法占有为目的,通过伪造证据骗取法院裁判从而占有他人财物,情节严重的行为,应以诈骗罪论处。
With the establishment of a socialist market economy, frequent social anomie cases and various new types of crimes emerging one after another, litigation fraud is one of the new forms of crime. In practice, there are also many cases of lawsuit fraud. However, in criminal law theories and practices, Qualitative behavior is controversial. The article attempts to analyze the nature of the litigation behavior and argues that for the purpose of illegally possessing for the purpose of fraudulently obtaining the court referee by falsifying the evidence and thereby possessing the property of others, the serious act should be dealt with as fraud crime.