On December 13,2020, Wang Yahui, a trainee lawyer of Henan Changhao Law Firm, made a brief sharing on the new charges of false prosecution in the ninth amendment of the Criminal Law. Background of the crime of false prosecution on August 29,2015, the 16th session of the Twelve Standing Committee of the National People's Congress voted through the Criminal Law Amendment (ix) , effective from November 1,2015, the crime of false prosecution began to appear on the stage of the criminal law. Before this, in the judicial practice, the false civil action is highly prevalent. On the one hand, the false civil action occupies the precious judicial resources, which makes the normal civil action can not be promptly and effectively tried, on the other hand, a false civil action may seriously infringe upon the lawful property rights and interests of some parties or other related persons. Therefore, in order to strengthen the strike to the false lawsuit behavior dynamics, has added the false lawsuit crime this charge. Article Three hundred and seven (1) of the Criminal Law of the People's Republic of China (hereinafter referred to as the "Criminal Law of the People's Republic of China") where a civil action is brought on the basis of fabricated facts, thus impairing the judicial order or seriously infringing upon the lawful rights and interests of others, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits an act in the first paragraph, illegally occupies another person's property or evades a lawful debt, which constitutes another crime, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. Any judicial officer who, by taking advantage of his functions and powers, commits the acts mentioned in the preceding three paragraphs together with another person shall be given a heavier punishment; if the acts constitute other crimes at the same time, he shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. Articles 1 and 2 of the Supreme People's Court and the Supreme People's Procuratorate on the interpretation of certain issues concerning the application of law in the handling of criminal cases of false litigation provide for the enumeration of the situations of "bringing civil action on fabricated facts" and "obstructing the judicial order or seriously infringing upon the lawful rights and interests of others" , respectively; The fourth is the false civil proceedings in the course of other criminal acts is an imaginative concurrence of circumstances, provides for a penalty from a felony conviction. The Constitution and circumstances of false litigation are also stipulated in the provisions of the Supreme People's Court on several issues concerning the application of law in the hearing of cases of private lending and borrowing, and the Supreme People's Court's guiding opinions on the Prevention and sanction of false litigation. In conclusion, the objective aspects of the element of false prosecution should be objectively and carefully identified, in particular, whether it is a "fabricated fact" , whether it "violates the judicial order" , whether it "seriously infringes upon the legitimate rights and interests of others" , we need to make a comprehensive judgment based on the specific circumstances of the case.