本文所指的诉讼欺诈,仅指侵财类诉讼欺诈,是指行为人以提起民事诉讼为手段,做虚假的陈述,提出虚假的证据或者串通证人提供伪造的证据,使法院做出有利于自己的判决,从而获得财物或财产上不法利益的行为。诉讼欺诈是否可以定罪,应当定什么罪,可否单独入罪,理论界以及实务界观点纷陈,众说纷纭。本文认为,诉讼欺诈应单独作为一条罪名写入刑法,这是由其社会危害性和其行为构成共同决定的。 The litigation fraud referred to in this paper refers only to the fraud in criminal cases, which means that the perpetrator filed a false statement by filing a civil lawsuit, presenting false evidence or providing evidence of collusion by a cross-border witness, so that the court can make its own benefit Of the verdict, so as to obtain property or property illegal interests. Whether litigation fraud can be convicted, what crimes should be set, whether or not to incriminate alone, and various arguments in both theorists and practitioners have different opinions. This article argues that litigation fraud should be written into the criminal law as a separate charge on the basis of its social harmfulness and its behavior.