Recently, suitable heart procuratorate 3 buildings assembly room is full, see only tens of procuratorial work policemen is in serious attend a lecture, from time to time lowers his head to record key content, from time to time undertakes discussion ardently, their look from beginning to end by at the moment this heavyweight instructor -- inquisitor is attracting the Lu Jing that comes from Guangzhou city procuratorate.
Be right! She is us this period of suitable check big lecture room advocate Ga, for everybody tuitional " the cognizance of false suit and examine " one class also is decided by highest check for countrywide procuratorial work education grooms high-quality goods course. This Lu inquisitor is used " delibrate of case of tuitional ＋ spot " means, let classroom more press close to handles a case actual, it may be said is a dried food full!
Learn
Yang Yang's deputy chief procurator leads department of civil administration procuratorial work staff played study, fosan city procuratorate civilian travel division and my courtyard lawsuit supervise procuratorate of civilian travel division, 3 water ministry, investigate the part such as room of supervisory ministry, procuratorial work to work in the same place to enter study on invitation.
A big dried food is coming over toward you -- prepare your platelet stool please!
1What -- is false suit?
※ basis " criminal law " the regulation of one of 307 false suit blames -- mention with concoctive fact civil suit, others of serious perhaps enroach on shuts obstructive judicatory sequence of right beneficial, handle battle of 3 years of the following set term of imprisonments, arrest or control, be in gold of only perhaps punishment; The clue is serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold.
Case one
Yun Mou to Duan Mou loan, the company that investment holds water and holds the position of legal person delegate with its regards loan as security. Duan Mou reachs its company to mention to the court for the accused with Yun Mou after lawsuit of civilian leasehold dispute. The court adjudicates Yun Mou remands loan, this company assumes responsibility of implicative pay off. During carry out, yun Mou is the asset that transfers a company, incite the person such as Lin Mou to gather the identity information that is not the 10 people such as company staff Jiang Mou, make 10 people empty the stuff of its company, forged salary watch, form false back pay more than yuan 80, go up again the salary that moved the 12 people such as company staff Ni Mou, form false back pay 40 beyond. Yun Mou incited the person such as Ni Mou to mention to the court for the basis with false back pay the lawsuit of work reward issue about its company, apply for to be carried out compulsively according to civil mediation book. Mechanism of classics public security is investigated, procuratorial work mechanism is examined sue, the court makes false suit blame finally sentence corresponding penalty with Yun Mou.
※ basis " code of civil law " 112 regulation -- ill will is colluded with between party, the purpose carries the another person of means enroach on such as lawsuit, mediation of legitimate rights and interests, people court ought to reject his to request, give according to clue weight amerce, detain; Make crime, investigate criminal duty lawfully.
Case 2
Zhang Mou accuses leasehold dispute of Yan Mou folk is false litigant case. Ren Mou and Yan Mou concern for husband and wife, ren Mou sues Yan Mou to divorce and break up common property. Yan Mou divides property to make Ren Mou little, the person such as Zhang Mou of in collusion with, dummy Yan Mou person loan waits to Zhang Mou during marriage 110 thousand yuan fact, carry the kind that forensic suit adjudicates, affirmed afore-mentioned creditor's rights debt concern. Ren Mou thinks afore-mentioned loan are truthless, mechanism of application procuratorial work is supervised. It is dummy that procuratorial work mechanism finds out afore-mentioned creditor's rights debt to concern via investigation, put forward counterappeal to the court, forensic classics rehear, adjudicative cancel first trial is civil court decision, reject the lawsuit of the person such as Zhang Mou to request, decide to make amerce punish to the person such as Zhang Mou lawfully at the same time.
Mechanism of ※ procuratorial work holds basically from broad sense, think false suit is bilateral party ill will is colluded with or one party party forges evidence, concoctive fact, counterpoise legally through the other of means enroach on such as lawsuit, mediation the behavior of beneficial.
2Why -- does procuratorial work mechanism begin false suit deep further the reason of special supervisory activity?
3How -- how is procuratorial work mechanism supervised to false contentious case?
Note case type, understanding through closing whether does the method such as some kind of relation exist to identify false contentious case correctly between party of litigant process characteristic, attention; Use read roll, the form such as the inquiry is reasonable use investigation counterpoises; Use different kind to undertake supervisory to the false contentious case of different type, be like, mention to according with the case of review requirement counterappeal or give out the proposal of review procuratorial work, case that makes crime to be suspected of to move send public security mechanism to investigate etc.
The graph is the case delibrate link on the class
4Who -- your participation is very important!
Party or after the citizen beyond party, legal person and other organization discover false suit clew can undertake actively informing against to procuratorial work mechanism. Besides heading for procuratorate of suitable heart area to inform against personally, you still can choose
1 phone informs against: 12309, 0757-22811111
2 incoming letters inform against: Canalage of green jade of street new the city zone arranges old good people of division of Fosan city suitable heart 1 number procuratorate of heart division people is civil ministry of administrative procuratorial work (close)
3 networks platform is informed against
After 1. enters Www.sdjc.gov.cn of website of suitable heart procuratorate, click " sunshine check Wu " , click again " inform against on the net " undertake informing against
2. pays close attention to " suitable heart procuratorial work " public date, click " sunshine check Wu " , click again " inform against charge appeal " undertake informing against
Big lecture room allows suitable be careful in one's conduct " students " breathe out continuously " grew experience to go up again already knowledge " . Promote procuratorial work personnel professional accomplishment ceaselessly, offer more and high grade procuratorial work product for the society with learned earning, arrange the value of check big lecture room to be in just about.
Finally, serve the words from heart that comes from suitable check gentleman:
We object -- hold fluky psychology to hit false lawsuit, the behavior of property of intentional detinue other!
We are encouraged -- the act that discovers false suit clew is informed against actively!
We assure -- want you only informing against is true and specific, we have doubt to be checked surely certainly, have check answer surely!
