诉讼欺诈行为不仅干扰了正常的诉讼程序,而且有可能使法院做出错误判决,其社会危害性较大。诉讼欺诈行为涉及到民事和刑事等诸多方面,本文以刑法为切入点,对诉讼欺诈行为和诈骗罪进行分析,认为那些危害较大的诉讼欺诈行为符合诈骗罪的本质特征,但是与普通诈骗罪相比,又有其自己的特点,立法上宜单独设立“诉讼诈骗罪”。 Litigation fraud not only interferes with the normal procedure, but also makes it possible for courts to make wrong judgments, which are more harmful to society. Litigation fraud involves many aspects, such as civil and criminal cases. This article takes criminal law as an entry point, analyzes litigation fraud and fraud crime, finds that the more harmful litigation frauds are in line with the essence of fraud crime, Compared with the other, but also has its own characteristics, legislation should be set up alone “litigation fraud.”