In order to further increase the rectification of false litigation, purify the litigation environment, improve judicial credibility, promote the construction of social integrity system, and the Supreme People’s Court recently issued 10 national rectification of false litigation typical cases. Zhu Xuelin, which is awarded by the President of the Supreme People’s Court, and the Temperators of the Supreme People’s Court, the Supreme People’s Court, Virgin, Virgin, deputy director of the punishment, introduced the typical case of criminal false litigation.
Strictly crack down on "row loan" illegal crimes [basic case] September 2018 to September 2018, the defendant Lin’s two companies, through its actual control, develop organized members and recruit business people and other means Daxie implemented "routine loan" illegal criminal activities, gradually forming a clear level of black society with Lin Moumou as the core. Lin Moumou dominates the specific model, planning, and directs all illegal crimes, and other members shall participate in the "set of row", implement specific illegal crimes, and illegally occupied violence and "soft violence". The victim belongs and has long hired a lawyer to help the organization to avoid legal risk.
In the process of "set of row" illegal crimes, the black society is implemented, induce a housing mortgage loan, induce, deceive multiple victims to enforce the borrowing contract to enforce effectiveness, sales entrustment, mortgage, publicization, And maliciously manufacturing default facts, using notary books to transfer the real estate of the victim to the black society’s nature organization or organize member name, then gestrate, refer to violent, threat, and other "soft violence" means to occupy the victim real estate By morting, selling or selling or hiring a long-term employment, conspiracy to make the victim real estate to seek illegal benefits, and the development of illegal income is used in the development of the black society, organizing members dividends And commission.
The black social nature organization has organized a series of illegal and criminal activities such as fraud, find trouble, extortion, false lawsuits, and uses illegal income to provide economic support for the organization and members using illegal income for illegal income. .
The black social nature organization has long implemented the above-mentioned "row" illegal criminal activities in the 5 years, involving more than 70 victims and families, causing the victim’s economic loss than 10 million yuan, and the criminal object is the old age. The group has caused some of the old age to displace the displacement, homeless, seriously affecting social stability.
Among them, between April 2017, June 2018, Lin Mou became the real estate office to make fraud, and the mortgage of the mortgage and the debtor’s default, the debtor’s default, with false claims Civil lawsuits, deceive the people’s court to hear and make civil referee documents.
The people’s courts have sentenced Lin Mou for ten years in accordance with the law, deprivation of political rights in the second year of organizing and leading the black social nature, and confiscated all personal property; sentenced to the crime of fraud, deprived of political rights for life, and confiscated individuals All property; sentenced to 11 years in prison, and penalized 20,000 yuan; The false litigation is sentenced to six years in prison, and the penalty of RMB 1.2 million, decided to implement life imprisonment, deprive political rights for life, and confiscate all personal property.
In this case, Lin Moumou gathered, commanding many people to implement the "set of road loans" illegal crimes, and its behavior is in line with the organization of the "Criminal Law of the People’s Republic of China", leading the constituent elements of the crime of the community of black society; , Extortion, find trouble, false litigation and other means, its behavior also constitutes fraud, extortion, crime of crime, crime of crime, and false litigation, the people’s courts have a number of crimes to Lin Penalty.
[Typical Significance] "Routine Loan" illegally infringes the legitimate rights and interests of the people, affecting the social overall situation, and often intertwined with black and evil forces, the social harm is very large.
The judiciary must always maintain the high-pressure striker of "set of row", timely screening, severely crack down on the false lawsuits, fraud, extortion, and seeking violations of lawsuits such as "row", and strictly punish the criminals in accordance with the law, and protect the victim The legitimate rights and interests meet the psychological expectations of the people to fairness and justice. The sentence is not exempted from civil liability [basic case] In February 2015, the company’s property escaping debt. The company actually controls the people of Fu Mou and the classmates, and the fictional, the company has borrowed 2 million yuan to Shao. The facts and counterfeited the corresponding bank transfer vouchers, and put the company’s machinery and equipment false mortgages to Shao. After mandatory implementation of the company, the people’s court was enjoys the mortgage right of the company’s machinery equipment, and asked Shao’s name, it was an executive objection, and attempted to be enforced.
It is also a low-cost transfer of some collaterals. In October 2018, Fu Mou, Shao, was held criminal responsibility for crimes committed by false litigation.
In December of the same year, the company was declared bankruptcy. In July 2019, the company’s creditors made a representative of all creditors filed a lawsuit to the people’s court, requiring Shao to defend the company’s bankruptcy’s debts unstowered part of the company within 37 million yuan of collateral in the range of more than 3.7 million yuan of collateral.
According to the court, Shao made a joint infringement with Fu, and should bear the liability of the joint compensation. The judgment of Shao’s creditors compensated more than 2.22.2 million yuan, and the compensation payment was attributed to the property of company. [Typical significance] The false litigation caused by the general characteristics and constituent elements of the infringement. It belongs to infringement. Therefore, the actor is responsible for the loss of false litigation, the victim has the right to request false in accordance with the "People’s Republic of China Infringement Law" The action of the lawsuit assumes infringement responsibility.
At the same time, according to Article 4 of the Liability Law of the People’s Republic of China, the infringer should bear administrative responsibility or criminal responsibility, and does not affect the responsibility of infringement according to law. Article 12 of the Supreme People’s Court on Preventing and Sanctions False Litigation has also stipulated that the false litigation infringes the civil rights and interests of others, and the false litigation participants shall bear the liability of compensation.
The aforementioned relevant provisions of the Liability Law of the People’s Republic of China have also been reflected in the "Code of the People’s Republic of China" issued on January 1, 2021. Therefore, false litigation actors are sentenced to penalty and do not exempt from their civil liability.
Let the false proceedings are subject to criminal punishment, but also have a positive meaningfulness of criminal punishment, and bear civil compensation. The fictional labor creditor fraud demolition compensation [basic case] plaintiff Chen, Huang Mouli relations. Two people claimed to work in the defendant company in January 2013, Chen is responsible for the work of infrastructure and materials, the monthly salary of 10,000 yuan; Huang is responsible for cleaning, cooking, etc., monthly salary is 10,000 yuan.
Two people work a total of 52 months, and the salary has accumulated 3.12 million yuan.
Chen, Huang and Jia Company formed a wage settlement agreement in August 2018, and confirmed that the company is still owed by Chen, and Huang has a salary of 2.86 million yuan.
Company A recognizes Chen, Huang’s claims, and both parties have reached an agreement in front of the court. The people’s court found that Chen Mou, the legal representative of Huang Moujia, is facing demolition, for the unsolicited company, in order to obtain demolition compensation, Zhang and Chen Huang agreed by Chen, Huang Mou’s false litigation.
The proceedings are operated by Zhang, and the salary settlement agreement is also drafted. The court ruled that Chen Mou, Huang’s prosecution was ruled by law, and Zhang fined $ 1 million and his legal representative Zhang was a fine of 1 million yuan, suspected of criminal clues and related materials to transfer the investigation agency.
[Typical Significance] Article 23 of the Housing Expropriation and Compensation Ordinance in State-owned Land stipulates that the loss of suspension of suspension of suspension of suspension of the housing shall be determined according to the benefits of the house being levied, and the suspension of the suspension of the suspension is determined to be compensated. When the company is facing the compensation and compensation, it has not claimed rights, but in order to defraud more compensation, the legal representative Zhang Zhang handed the case, but its behavior not only seriously disrupts the normal lawsuit order, but also wasted the judicial resources. More damages the authoritative and public interests of the judiciary, the judiciary should be apparent in time and punish such false litigation. The lawsuit can not play, the parties should follow the principles of integrity in civil laws, and the facts of the facts will be brought to false civil lawsuits will be subject to the dual negation of morality and law.