Viewpoint of ▌ top magic art:
Viewpoint one: Party did not offer enough evidence to prove leasehold concern is real existence, and existence correlation concerns between leasehold both sides and personnel confuses coequal case, the court can maintain party both sides to form ill will to collude with an intent to injure another person through false suit the behavior of legitimate rights and interests -- Shanghai Oubao company and business of company of dimension of Liaoning spy Lai are leasehold issue desk
Viewpoint 2: The cognizance of the means of 10 kinds of behavior of false suit is suspected of in civilian leasehold dispute
False folk leasehold lawsuit is to point to party to get illegal benefit, collude with through adopting ill will, concoctive fact, forge the means such as impact of falsification evidence, dummy legislation to mention folk is leasehold and civil lawsuit, the intent makes people court makes a mistake judgment and carry out, enroach on is the 3rd person, collective or the behavior of national interest.
Below the situation that in false folk leasehold lawsuit sends high, how effective keep within limits is false lawsuit, it is a when be placed in trying practice serious difficult problem, also be a task that earnestly needs to solve. " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " the survey result that combined false folk leasehold lawsuit to try practice, absorbed the good experience way in practice, adopted reasonable suspicion to impose the normative pattern that judges integratedly, summary gave the way of 10 kinds of behavior that may be false folk leasehold lawsuit. Specific understanding is as follows:
(one) lender does not have lend capacity apparently. Money of whether actual to civilian leasehold lender loan, decide whether the lawsuit of civilian leasehold dispute between party fastens false suit then, whether is lender of examine of take an examination had honor the agreement ability. If lender does not have lend capacity apparently, whether should go out to its lend money hold reasonable suspicion. Of course, considering folk's leasehold characteristic, put possibly also in some lender from its loan goes again next over there kin friend the fact of lend, reason is when forensic hold suspicion, allow lender farther quote proves its have lend capacity.
(2) the fact that lender sues a basis and reason do not accord with constant manage apparently. With respect to constant manage character, its have a fact to maintain a function in civil trial. Judicatory carries out what medium case fact is not objective fact to return, however legal person goes up in the foundation of the evidence that already mastered, wait for pair of case facts according to legal provision and life common sense reframe. In this process, the constant manage such as daily experience of life has main effect. No matter be judge, lawyer,still investigate personnel, they are maintained in the fact when, be not according to time order little ground rolls out case fact, it is a foundation with evidence however, fact of some of test and verify assumes whether hold water, whether can around appear to contradict logically, can build the evidential chain with the consistent around since compose. In processes of afore-mentioned factual test and verify, it is very important to often manage to rise choose action, a fact wants suppose withstand examines, it must follow constant put in order above all, accord with the daily experience of life of most person.
Of course, the fact that sues a basis with respect to party and reason, people court is based on the evidence that constant manage will come to to be offerred to party to undertake checkup, how to try to examine and be judged after all, still need particular trial personnel to combine particular case case to undertake be cognizanced integratedly, in order to form heart disease.
(3) the likelihood that the existence of creditor's rights proof that lender perhaps cannot refer creditor's rights proof forges. leasehold to folk dispute, lender should offer abecedarian evidence to come when sue its advocate evidence. Creditor's rights proof should be to compare significant evidence among them. Creditor's rights proof has a variety of, for instance loan agreement, receipt, receipt for a loan, money order bill, acceptance cases etc. If lender cannot submit creditor's rights certificate, often can bring the exterior impression of false suit to adjudgement personnel. Additional, the evidence of false suit is book card commonly, false suit person the illegal purpose to achieve oneself, the book card formally of the work out accords with statutory requirement completely, the accused also did not disagree; But although such, figment fact still cannot replace objective fact, if rule personnel passes what verify occupies to examine, discover book card has those who forge a likelihood, party of even if both sides is consentient to evidence, also should producing this suit is the reasonable suspicion of false suit.
(4) during it is certain that party both sides is in inside join civilian leasehold suit for many times. Of program of false folk leasehold contentious case start, happen in the other case that is the accused with party of false suit one party to had entered proceeding to perhaps execute an order more, but belongings has not deal with before ending. Of course, there also is a share in practice false contentious case antedates to his case enters proceeding or execute an order, this kind of false suit is had more concealment quality, differentiate more not easily. So, with respect to civilian leasehold dispute character, party is in what civilian leasehold suit joins for many times during deciding, rule personnel can fasten false suit to generate reasonable suspicion to party.
(5) party one party is bilateral perhaps be less than front courtyard to join suit without warrant, the attorney is not clear to leasehold fact allegation perhaps state antilogy. With respect to civilian leasehold lawsuit character, party is based on the attention of pair of its interests, often join suit to front courtyard personally. In false contentious case, to avoid to show flaw, party is led to front courtyard inferior, entrust litigant agent to join suit alone mostly, make a thorough investigation of to the court case fact sets a barrier. Accordingly, if party does not have warrant not to join suit to front courtyard, and agent of party place precatory is not clear to leasehold fact allegation, perhaps state contradiction, try whether true happening to personnel answers leasehold concern generation doubt.
(6) party both sides perhaps accuses without any controversy to the happening of leasehold fact argue does not accord with constant manage apparently. Generally speaking, process of false folk leasehold lawsuit is had conspire gender and nonantagonistic. In front courtyard careful, materiality confrontation is not had commonly between bilateral party. The accused or lets agent should appeal to to front courtyard only, go against case fact thereby make a thorough investigation of; The blame key detail such as deadline of or choice reimbursement, accrual, penalty due to breach of contract undertakes explaining, do not deny accuser to tell the basic fact that say. Here the circumstance falls, try personnel to answer the false suit property of vigilant party. Additional, the bilateral party of false suit on one hand strive avoid judge is right of case fact examine, hope to achieve its lawsuit goal as soon as possible on one hand, often apt mediates end a case, the legal form that mediates through lawsuit masks his illegal purpose. Accordingly, to litigant antagonism does not accord with constant manage between party, and party is happy with intercessory way end a case, adjudgement personnel also should try vigilant.
(7) the objection that the other loan of alien of the spouse of borrower or copartner, case raises to have factual basis. False suit often is to harm the interest of other obligee, because this is right,the profit impact of someone else comes for apparent, and the result that someone else also cares this kind of lawsuit most. For example, stem from in divorce process to one party of husband and wife escape husband and wife to share belongings intersected to consider, fiction is the same as the debt of other, the form that sues through allowing loan will achieve its goal, here the circumstance falls, husband and wife often just is met additionally demur. Can put forward to have the objection of factual basis to one party of husband and wife, lv of adjudgement personnel take an examination comes here the problem that whether lawsuit is false suit. In false folk leasehold lawsuit, party often reduces the responsibility worth of one party through the formal intent that collude with, damage the purpose of the other loan interest of case alien in order to achieve. At this point, if the other loan of case alien is right this lawsuit demur, what should cause adjudgement personnel is enough take seriously. Accordingly, want the creditor that is case alien to be opposite only the litigant demur between party, the other fact that rules personnel should join a case tries to be judged integratedly.
(8) the case that party transfers property in low of the existence in other issue. In market economy, party is based on the consideration of self interest, often meet those who adopt opposite fairness trade means. Accordingly, if party is in dispute,occurrence low makes over the case of belongings, often do not accord with the regulation that the market trades, accordingly, this kinds of circumstance should cause the attention that tries personnel. In cognizance, rule personnel can use completely objective cognizance method, need not consider party to whether have the reasonable reason that low makes over. I.e. , want party to make over the case of belongings in low of the existence in other issue only, what should cause adjudgement personnel is enough take seriously, go up in this foundation basis this stipulate whether integrated judgement makes false suit. As to what is meant by low, court of OK and referenced top people " about applicable < contract law of People's Republic of China > the explanation of a certain number of problems (2) " the 19th in right " apparently unreasonable low " the regulation will try to maintain. Accordingly, if people court discovers party to exist to perhaps trade with region market price in other case via examining,coach valence of the 70% case that do business, can consider party to have the suspicion of false suit.
(9) party is shocking nonuser. In litigant process, no matter party is to abandon its substance right, still abandon its order right, all belong to its to be opposite the exercise means of own right, law often allows. But those who need an attention is, since latter-day society, the exercise of the right often the burden has limitative requirement. the judgement of leasehold lawsuit of false folk, party is shocking abandon its right, the likelihood is caused to the right of other damage, rule personnel has the warrant that suspects its fasten false suit. And to deciding shockingly, should cause to the right of other with the likelihood damage the judgement element that regards its as essence, whether should realise party to this kind abandons can be opposite the right of other is caused damage the important document that serves as a consideration.
(10) the case that other possibility puts in false folk leasehold lawsuit. This the regulation is clause of a reveal all the details, put in the case of false folk leasehold lawsuit to other possibility, need carries out farther summary and complement to perfect through adjudgement.
Relevant case:
1. party first trial is false lawsuit is discovered, those who sue apply for to recall in rehear do not grant to allow -- Lu Mou and add a city some makes the proposal of review of civilian leasehold dispute such as clothing factory
Case argument: People court finds out first trial lawsuit to be false suit in review process, party applies for those who sue to recall, should rule do not grant to allow, adjudicate reject its lawsuit request. Belong to false suit truly via check, the behavior of obstructive to its civil suit should give lawfully punish.
Record date: (2011) spic adds law civilian 2 again first word the 1st
Lawsuit of 2. first trial is false suit, rehear court ought to adjudicate the suit that rejects first trial accuser requests to give punish -- Wu Rongping appeals to desk of issue of leasehold rehear of Hong Shanxiang folk
Case argument: The proof of creditor's rights debt between party is truthless, the evidence that party provides and the fact that its state are mutual contradiction, incongruous, can affirm leasehold lawsuit of first trial folk makes false suit. People court finds out first trial lawsuit to be false suit in rehear, ought to the civil mediation book that cancel first trial manages, adjudicate the suit that rejects first trial accuser requests, the behavior of obstructive to its civil suit gives lawfully punish.
Record date: (2012) business of Yin of another name for Ningbo again word the 1st
