"Judge Zhao, hello, I am Yan Mou appeals to Niu Mou, Zhang Mou the folk such as some is leasehold the Yan Mou of one case, I realize my error, be willing to accept forensic punishment, I make 50 thousand yuan of money now, find please " . Went to work on April 1, 2019, court of people of Xing in relief city is civil the telephone call that Judge Zhao Xia that tries one law court receives party to be hit, this party is active 50 thousand yuan of amerce of pay, it is Xing this world the court begins blow since false suit activity, open the first piece when go out to punish sheet.
[reviewing of details of a case]
"The accused knows accuser far from, also had not seen accuser, never also had lent money to accuser directly " . On November 6, 2018 dozenth trial law court is in Xing in relief court the spot of front courtyard careful of the leasehold case of a folk of sessional cognizance, the accused Niu Mou and Zhang Mou some agent is stated to the court so. Advocate the judge Zhao Xia of this case feels careful exquisitely, this case has feline dirt, she decides to this case relevant evidence undertakes investigating afresh. Via understanding with all possible means, judge Zhao Xia manages clear eventually the cause and effect of this case, so this case is typical false suit. This case only then the person that make tomb figure has its person additionally, he pays some with respect to the elder sister's husband that is accuser, fu Mou for redound of high specified number, use manage borrow or lend money from Yan Mou, the name with oneself will be engaged in a building this renting early or late, high interest is put borrow wait for an activity, from which seek is illegal interest. During, the accused and accuser do not have loan behavior, nonexistent leasehold relation.
[handle a result]
On December 17, 2018, via thinking after cognizance some waits for Yan Mou and Niu Mou, Zhang Mou the accused is nonexistent leasehold relation, belong to the false and civil suit that mentions with false statement, reject accuser lawsuit to request lawfully. Put in the fact of false suit in view of this case, on March 20, 2019, xing in relief court make the decision that fines 50 thousand yuan lawfully. This also is Xing this world the court begins blow oneself since false suit, open the first piece when go out to punish sheet.
[judge view]
False suit, hit false lawsuit namely, it is to show party stems from illegal motive and purpose, use the litigant right that law gifts, the method that takes false litigant main body, fact and testimony mentions civil suit, make the court makes the conduct of wrong court decision, ruling, mediation. "False suit, waste litigant resource namely, damage judicatory authority again, once discover, people court can give severe punishment. Hope each citizens want to abide by state law code strictly, accomplish honest be as good as one's word. Accomplish honest be as good as one's word..
[relevant law]
" top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems "
The discovery when court of the 19th people hears case of civilian leasehold dispute has following state, the fact such as flow direction of kind of origin of the matter that ought to investigate leasehold happening strictly, time, place, money, pay, money and leasehold and bilateral relationship, economic atmosphere, whether does integrated judgement belong to false and civil suit:
(one) lender does not have lend capacity apparently;
(2) the fact that lender sues a basis and reason do not accord with constant manage apparently;
(3) the likelihood that the existence of creditor's rights proof that lender perhaps cannot refer creditor's rights proof forges;
(4) during it is certain that party both sides is in inside join civilian leasehold suit for many times;
(5) party one party is bilateral perhaps be less than front courtyard to join suit without warrant refus, the attorney is not clear to leasehold fact allegation perhaps state antilogy;
(6) party both sides perhaps accuses without any controversy to the happening of leasehold fact argue does not accord with constant manage apparently;
(7) the objection that the other loan of alien of the spouse of borrower or copartner, case raises to have factual basis;
(8) the case that party transfers property in low of the existence in other issue;
(9) party is shocking nonuser;
(10) the case that other possibility puts in false folk leasehold lawsuit.
" code of civil law of People's Republic of China "
The 115th amerce amount to the individual, for the RMB 100 thousand yuan the following. To the amerce amount of the unit, for the RMB million of 50 thousand yuan of above yuan the following.
The deadline that detain, for 15 days the following.
The person that is detained, install mechanism to attend to by people court hand over to the collective or the state. In duration of detention, the person that be detained admits and correct an error, people court can decide to remove ahead of schedule detain.
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