刑法中的诉讼欺诈以伪造证据为手段,提起虚假民事或行政诉讼的形式谋取非法利益,这种行为与民法上称为的诉讼欺诈有明显的不同,具有严重的社会危害性,单纯的依靠民事力量已经无法制止这种行为。可是对于刑法中的诉讼欺诈行为在法律上尚无定论。本文认为诉讼欺诈与普通的诈骗罪有巨大的差别,而且现有的一种观点将它纳入敲诈勒索罪或者纳入妨害作证罪也是不合理的。可以考虑增设诉讼欺诈罪。 Criminal law litigation fraud to forge evidence as a means to bring false civil or administrative litigation in the form of illegal interests, such acts and litigation fraud known as civil law have obvious differences, with serious social harm, relying solely on the civil Power has been unable to stop this behavior. However, there is no legal conclusion about the lawsuit fraud in criminal law. This paper argues that there is a huge difference between litigation fraud and ordinary fraud, and that it is unreasonable to include it in extortion or inclusion crimes as evidence. Can consider adding a lawsuit fraud.