In order to promote the continuous deepening and practical implementation of the Party’s history learning and education and political and legal team education and rectification, and deepen the “procuratorial work for the people”, since May, the Municipal Procuratorate has organiz

In order to promote the study and education of party history and the education and rectification of the political and legal team, and to deepen the "procuratorial work for the people", since May, the Municipal Procuratorate has organized prosecutors across the city to visit villages, schools, and enterprises to provide special legal publicity and legal services to the general public. In order to facilitate the general public to learn and use the law, we have launched the "Online Legal Exhibition" column. People can see the same content as the Legal Education event site without leaving their homes.

False litigation is also called "anti-counterfeiting lawsuit"

not only infringes on the legitimate rights and interests of real rights holders

also disrupts the normal judicial order

Anti-counterfeiting lawsuits may even get into "really troublesome"

Today, Yunjianjun selected two typical cases

to help everyone learn about false litigation cases

One of them uses cases as a guide

to commit fraud. How can judicial authority provoke?

——The supervision case of notarization and execution of false litigation by A Industrial Company and others

The chairman of A Industrial Company Gao was held criminally responsible for the crime of illegally absorbing public deposits; a hotel under the name of A Industrial Company was sealed and auctioned by the court, and the proceeds from the auction were used to refund the fundraising funds. During his medical parole, Gao discussed with Xi and seven others. Gao issued a IOU in the name of A Industrial Company, fictitious about the fact that A Industrial Company had borrowed money from Xi and seven others, and signed repayment agreements respectively. Industrial A entrusted an agent and Xi and seven others to go to the notary office to handle the "Notification of Credit Documents with Compulsory Enforcement Effectiveness" for the repayment agreement involved. Xi and seven others applied to the court for execution based on the "Execution Certificate".

After investigation and evidence collection, the Procuratorate confirmed that Industrial A and Xi and seven others maliciously colluded to forge loan certificates and repayment agreements, and then issued a prosecutorial recommendation, suggesting that the court refuse to enforce the law. The court found that the content of the notarized debt document did not match the facts and ruled that the relevant notarized and execution certificates would not be enforced. Later, Gao and four others were held criminally responsible for constituting false litigation.

Law extension

●The perpetrator maliciously colluded and fabricated facts, defrauded notarized documents and applied for compulsory execution by the court, infringed on the legitimate rights and interests of others, damaged judicial order and judicial authority, and constituted a false litigation.

False litigation, harming others and harming themselves

——Supervision of false litigation in the sales contract between Company A and Company B

The person in charge of Company A colluded to sign a "Purchase and Sales Contract", which stipulates that Company B will supply a batch of wood to Company A with a deposit of 5 million yuan. Company B must hand over all the wood to Company A within 3 months from the date of receiving the deposit, otherwise Company B must return the deposit twice to Company A. In fact, Company B does not have the ability to perform contracts. Li, chairman of Company B, used his own bank account, Company A bank account, Company B bank account, Company C bank account and his wife account to create the illusion that Company A has paid RMB 5 million in purchase deposit to Company B by performing circular transfer operations between accounts.

A Company sued the court and requested Company B to double the deposit of 10 million yuan. The first instance court ruled that Company B would double the deposit of Company A of 10 million. Other shareholders of Company B believed that the contract had damaged their legitimate interests, so they applied for supervision from the Yunfu People's Procuratorate. After verified by the Yunfu Municipal Procuratorate, it was believed that the two parties maliciously colluded to sign the "Purchase and Sales Contract" and filed a lawsuit with the court, which was a typical false lawsuit. So they filed an appeal to the Yunfu Intermediate People's Court, and the Intermediate People's Court revoked the original judgment and sent it back for retrial. In the end, the first instance court did not support Company A's litigation request.

Law Extension

● " Criminal Law of the People's Republic of China " Article 307 : "If a civil lawsuit is filed with fabricated facts, obstructing judicial order or seriously infringing on the legitimate rights and interests of others, he shall be sentenced to fixed-term imprisonment of not more than three years , detention or control, and shall be fined or single; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and not more than seven years, and shall be fined."

Editor: Wu Ziyan

Editor: Li Songde

Comprehensive: Internet