Had you heard of " false suit " ?
Of course, "False suit " it is common say " the lawsuit that make a holiday " .
Everybody is wanting how to keep away from lawsuit, return somebody to be made actively actually " false lawsuit " ! Too mysterious!
This you did not understand, the backside of these false lawsuit conceals hidden " secret " , let small make up everybody popular science popular science ~
False suit 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.
Feel very mysterious? So, how to identify be on guard false suit? Inquisitor will comb a few kinds of false suit for you " cover a region " ~
01
Debt of executive case fiction escapes carry out
Typical case
Armour owes second the court on the accused of 2.5 million debt, the court adjudicates armour repays, armour has a value in Xiamen 5 million house, will be enforced to carry out by the court. The receipt for a loan that armour and good friend third discuss 27.5 million yuan to forge a piece of armour to owe third, to arbitral orgnaization application arbitration participates in belongings allocation, after the house of armour is auctioned by the court, originally second can win compensation 2.5 million yuan, third participates in the second after allocating to be obtained only 420 thousand multivariate executive money. Procuratorial work mechanism is in civil the discovery in supervising should violate act, proposal court does not grant to carry out, got the court supports, still be suspected of armour and third criminality moving at the same time send put on record of public security mechanism to investigate.
＊
Inquisitor view:
In case, armour and third fiction debt damaged the property rights and interests of second badly, cannot get forensic support not only, armour and third face criminal liability possibly still, it is to bite off own head really all voidance.
02
Divorce analyse produces gold of dummy debt seek
Typical case
Armour and second are on bad terms because of feeling, accuse to the court the requirement divorces. But should have divorce case in forensic cognizance during, the good friend third of second one paper indictment, appeal to the armour that divorcing and second to the court. Second of armour of request court court decision repays jointly 200 thousand yuan of debt that third owes during marriage puts add. Via the court cognizance is found out, this loan does not exist, do not grant to support. In the second in this divorce case also because of dummy debt, forensic court decision divides property less to its.
＊
Inquisitor view:
In case, the debt of loan of fiction of good friend third of second damaged him badly to cooperate the money property right of armour, the court won't support not only, still will be in divorce case court decision little fraction belongings, it is compensate really the madam is folded again arms.
03
Recover interest of other of salary enroach on phonily
Typical case
Some company assets has 10 million yuan to be frozen, the enterprise still defaults payment for goods 10 million yuan, worker pay 1 million yuan, industry employer goes out to cover by frozen capital, collude with with employee, add the worker pay theory that default reach 5 million yuan, abet employee arbitrates to labor the orgnaization mentions arbitral, apply for to be carried out compulsively to the court. Set according to law about going bankrupt belongings ought to the regulation of creditor's rights of labor of preferential pay off, worker pay 5 million yuan preferential from frozen assets 10 million yuan in deduct, remain 5 million yuan to repay only payment for goods, serious enroach on is other the legitimate rights and interests of creditor.
＊
Inquisitor view:
In case, the enterprise recovers salary to involve amount phonily bigger, belong to through false suit others of serious enroach on closes right increase. Destroyed a business not only good sincere letter, make crime possibly still, it is an all in vain really!
Look be like a case to cover a region deep,
Actually broken solution has policy.
Civil criminal is responsible,
Of all kinds law come analytic.
Civil piece
" code of civil law " the 112nd: "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. Investigate criminal duty lawfully..
" code of civil law " the 113rd: "Person be executived and other ill will are colluded with, escape those who fulfil the obligation with legal affirmatory copy clerk through the means such as lawsuit, arbitral, mediation, people court ought to give according to clue weight amerce, detain; Make crime, investigate criminal duty lawfully. Investigate criminal duty lawfully..
" top people court is mixed about be on guard punish is false directive opinion of lawsuit " (the law is sent [2016]13 date) to false suit limit, the expressional feature, by way of that maintains false suit and method, false to participating in suit is different the punish of main body and to false suit be on guard wait for a problem to undertake formulary.
Criminal piece
" criminal law " the 307th: "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. Punish gold..
" procuratorate of top people court, top people about handling case of false suit criminal applicable law the explanation of a certain number of problems " clear, false suit action is suspected of crime, move send jurisdictional judiciary investigates criminal duty.
False suit covers a region deep
Hold the post of you secret Tibet is secret
Judicatory handles a case not show mercy
Bite off own head feed evil consequence!
Turn from south install procuratorial work small signal
