Fine 5000 yuan! Court of Linyi orchid hill leaves give first pieces of false suit to punish sheet

Xu Peng of reporter of legal daily entire media

To get illegal benefit, some forges garage controller Wang Mou evidence, pretend to be accident car vehicle advocate mention traffic accident compensates for lawsuit... recently, court of Linyi city Lan Shan district leaves give first pieces of false suit to punish sheet, lawfully to Wang Mou some fines 5000 yuan.

This year in March, orchid hill court accepted Wang Mou the dispute of accident of motor vehicle traffic of some to lodge a complaint one case, king is such-and-such the car loss that because the accident is caused,holds to insurance company more than 1000 yuan 8.

King is such-and-such the practical car of a tractor that claims the department produces an accident advocate, referred card of this tractor travel to register everybody Linyi some transport company (namely car is hanged rely on an unit) the practical car that issues for its advocate proof. To confirm a loss, the assessment that refers some to evaluate a company to issue reports, assess amount 8230 yuan. Some weighs Wang Mou, car is maintained in garage of Lan Shan Ou Mou, cost about 9000 yuan actually, should repair a factory to open 7755 yuan upkeep bill. Additional, king is such-and-such still allege defray retaining fee 1000 yuan. In lawsuit, some and insurance company reached Wang Mou plan of 6204 yuan of mediation, insurance company discovers king is such-and-such after there is false suit action in lawsuit, to this academy demur.

Via Lanshanfa the courtyard is checked after solid, some fact is Wang Mou the controller of afore-mentioned garages, the tractor that produces an accident is true car advocate for Zhang Mou some, actual upkeep costs does not exceed car 6000 yuan. Before evidence, king is such-and-such was obliged to admit oneself are sham and actual car advocate, forge amount of evidence, exaggerated loss, appetent obtain is illegal the behavior of the interest.

The court thinks, some conceals Wang Mou intentionally the fact, behavior that forges evidence, make false suit, not only alien of enroach on case closes right increase, destroy a society sincere letter, the litigant order with also disturbed normal, harm force of public letter of judicatory authority and judicatory. For this, the court is right Wang Mou somewhere in order to fine 5000 yuan punishment, some shows Wang Mou already sum pay.

[outspread read]

1. What is false suit?

According to top people court " mix about be on guard punish is false directive opinion of lawsuit " concerned regulation, false suit contains the following element commonly: (1) with avoid law, code or national policy seek illegal profit is purpose;(2) both sides party existence ill will colludes with;(4) of;(3) fiction fact to use country of lawful enroach on of civil program;(5) interest, society is communal interest or the legitimate rights and interests of case alien.

This opinion sets at the same time, participate in a person to false suit, should increase fine moderately, detain the law that waits for coercive measures of cloggy and civil suit applicable strength; is false other people of litigant enroach on is civil of rights and interests, false suit participates in a person to ought to assume false suit of; of liability to pay compensation to violate behavior to be suspected of the crime such as false suit blame, crime of fraud, contract crime of fraud, civil trial section ought to move relevant clew and concerned case material lawfully send investigation office.

Does 2. forge evidence to you can get what kind of punishment?

The code of civil law sets the 111st times: Lawsuit participates in a person or someone else has one of following action, people court can give according to clue weight amerce, detain; to make crime, investigate criminal duty lawfully: (One) forge, destroy significant evidence, hamper people court hears a case...