诉讼欺诈是行为人捏造事实,主动提起诉讼破坏司法秩序或他人财产性利益的行为。对于诉讼欺诈行为应当如何以刑法予以规制,理论界一直众说纷纭,随着《刑法修正案(九)》的颁布施行,诉讼欺诈行为已经作为独立的罪名由刑法进行规制,然而理论界对诉讼欺诈行为的性质并没有达成统一意见,这将影响诉讼欺诈罪发挥其应有的作用,想要解决这个问题的关键在于理清诉讼欺诈行为的概念,从而更好的认定诉讼欺诈行为的性质,通过分析比较不同学者的观点,本文认为诉讼欺诈行为具有:诉讼欺诈行为是一种以捏造的事实主动提起诉讼的行为、不限于财产纠纷、主体具有多样性、客体具有复杂性这几方面的特征,从而对诉讼欺诈行为进行更为准确的定义。 Litigation fraud is the behavior of the perpetrator fabricating the facts, take the initiative to bring litigation to undermine the judicial order or the property interests of others. As to how the lawsuit fraud should be regulated by criminal law, there are different opinions in theory circles. With the promulgation and implementation of the “Criminal Law Amendment (IX)”, the lawsuit fraud has been regulated by criminal law as an independent charge. However, The nature of which does not reach a unified opinion, which will affect the litigation fraud play its due role, the key to solve this problem is to clarify the concept of litigation fraud, so as to better determine the nature of litigation fraud, through analysis Compared with different scholars, this paper argues that litigation fraud has the following characteristics: litigation fraud is a kind of act of taking the initiative to sue forgery, not limited to property disputes, the diversity of the subject and the complexity of the object More accurate definition of litigation fraud.