The social hazard of litigious frauds is no less serious than ordinary frauds, and only penalty is able to control it. So it must be brought into the scope of criminal law. The crime of fraud can reflect the nature of litigious fraud, and it is in accordance with the judicial practice. As the direct main body of the fraud, the court's determination does not violate the constitutional requirement of the crime of fraud. Therefore, determining litigious fraud as crime of fraud can get much more theoretical approval and the practical approval.