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我国现行惩治诉讼诈骗的相关规范存在多重缺陷,有避重就轻、放纵犯罪之嫌,法律约束力不足,对诉讼诈骗的行为性质认识有误。基于依法惩治诉讼诈骗行为的现实需要以及“诉讼诈骗的性质仍为诈骗”的认识,国家无需修订刑法单独设立诉讼诈骗罪,而应当由最高司法机关出台刑事司法解释明确和统一对诉讼诈骗的刑事处罚。同时,建议以刑法修正案的方式,将刑法第305条规定的伪证罪扩充为涵盖所有诉讼领域,将刑法第307条第二款规定的帮助毁灭、伪造证据罪扩充为毁灭、伪造证据罪。
There are multiple flaws in the relevant norms of punishing litigation and fraud in our country. There is a certain degree of avoiding one’s sins and indulging the criminal suspicion. The legal binding is not enough and the understanding of the nature of the act of fraud is not correct. Based on the actual need of punishing lawsuit fraud according to law and the understanding that “the nature of lawsuit fraud is still fraud”, the state need not amend the separate criminal lawsuit crime set by criminal law. Instead, the criminal judicial interpretation should be issued by the highest judicial organ to clarify and unify the lawsuit fraud Criminal penalties. At the same time, it is suggested to expand the perjury system provided in article 305 of the Criminal Law to cover all areas of lawsuit and expand the crime of helping to destroy and counterfeit evidence prescribed in Paragraph 2 of Article 307 of the Criminal Law into the crime of destruction and falsification of evidence.