In recent years, of the development as market economy and people right consciousness rise, the form that our country dispute solves appears to change interim feature to judicatory. More people pass choice law the way that this settles dispute, achieve dissolve the contradictory, goal that upholds oneself to combine right advantage.
However, there also is a share in reality while party is carrying use statute weapon settles contradictory dispute, this nonexistent case fact, compose builds fiction false law concerns, use accuse authority achieves illegal goal legally. This kind of behavior disturbs already normal judicatory order, harm force of public letter of judicatory authority and judicatory badly also.
On May 22, top people procuratorate is held with " hit false suit to build judicatory in all sincere letter " the press conference that gives priority to a problem. Zhang Xueqiao of deputy chief procurator of top people procuratorate discloses on the meeting, time of close half an year, mechanism of countrywide procuratorial work is approved in all to case of false suit crime arrest 206 319 people, the decision prosecutes 138 315 people, the court already made become effective adjudicate 87 157 people, all be guilty court decision.
The expert tells " legal daily " reporter, false suit person have violate honest credence principle, ill will mentions civil suit, prevail on court makes wrong court decision. Although look from formally, person of do harm to is a court, but essence is the power that uses a court for the person all right, make fall victim of the 3rd person. "The travel humanness of false suit formed the tort to the 3rd person, cause the 3rd person pecuniary loss, causal clear, accord with civil tort damages completely make important document. Should pass legislation, build false suit system of civil tort damages. Build false suit system of civil tort damages..
N/arc drafting: Gao Yue
False suit is sent high
Enroach on judicatory is authoritative
Alleged and false suit, 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 and mediation. Popularization says, hit false lawsuit namely.
False suit appears in the legal clause of civil respect only at first. Does our country code of civil law set: ? Purpose of? of of Xun of a surname of Wei of chloric crisp carries dark pen the another person of means enroach on such as lawsuit, mediation is lawful of 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..
On August 29, 2015, dozenth a standing committee of countrywide National People's Congress 16 times the conference votes through criminal law amendment (9) , set among them, "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 " .
From now on, false suit blame made a new charge.
According to participating in a legislative expert introduction at that time, establish the goal of false suit blame, hope to carry penal deterrence power namely, rise to be on guard with punish the action of false suit action.
False suit is a kind of obstructive judicatory, illegal action that has a society to endanger a gender, participator regards illegal activity as the court " arena " , undertake judicatory adaptability in tactics illegal guilty activity into them " tool " . Of its enroach on is not average judicatory order, however the foundation that whole judicatory bilks to be in in order to put -- judicatory authority and judicatory justice.
Office of hall of the 6th procuratorial work grows highest check yuan of bright analysis, does the characteristic of false suit basically have 4: ? ? of of Beng of Suo of of Huang Qiaozhi impares badly judicatory order; 2 be special interest concern is had normally between main body, the method concealments, identify hard; 3 it is to often lack antagonism, intercessory end a case is in the majority; 4 it is case amount is in tall hair phase, the type is centered at experience money dispute.
On September 27, 2018, procuratorate of top people court, top people is announced jointly " about handling case of false suit criminal applicable law the explanation of a certain number of problems " (the following abbreviation " explanation " ) , itemize all sorts of " mention with concoctive fact civil suit " and " obstructive judicatory order is serious perhaps enroach on another person is lawful rights and interests " case, provide legal safeguard to hit false suit.
The reporter consults relevant data is informed, top magic art besides combining highest check to release judicatory to explain, still heard case of the first false suit of our country personally.
Telaiwei international garden is limited company of development of estate of buy of dimension of Liaoning spy Lai (the following abbreviation is special Lai dimension company) be in east a building that harbor city develops dish, after the project is finishing, the sale status of commodity house is first-rate, crude guess earned on 100 million yuan. Can be in building dish on the vital link of the sale, transmitted a message suddenly, "The house was closed down " .
Xie Tao regards Telaiwei as the vise general manager of the company, from kin friend there east move borrowed 2.7 million yuan on the west, join Telaiwei international garden in this project. The house is sealed, the Qian Ke that means him to cast can hit water to float. He runs rapidly east bureau of canal of harbor town house asks, be informed is Telaiwei the company owed limited company of science and technology of biology of Shanghai Europe treasure (Ou Baogong of Shanghai of the following abbreviation manages) many yuan 8000 debt, international garden returns Telaiwei building of unsold more than 20000 square metre was closed down entirely by the court.
Those who face same dilemma is Xie Tao not only a person, in Dan Dongdong harbor, the company still is owing Telaiwei money of project of two constructions company is close 20 million yuan.
According to legal provision, wait for Telaiwei only the money that the company returns Ou Baogong to manage, ability is turn for them these people. But under, xie Tao begins appeal, but in 5 years of time all the time it doesn't matter makes progress. Till January 2015, top people court establishs court of the 2nd circuit in Shenyang, just brought dawn of a gleam of to Xie Tao.
Court of the 2nd circuit accepts top people court after this case, company of fish Europe treasure and Telaiwei the so-called loan between the company, not be real borrow or lend money at all, however " Europe treasure company and Telaiwei company to avoid liability, a bureau that ill will colludes with a design " .
Pass cognizance, circuit court is right finally the company fines company of Shanghai Europe treasure and Telaiwei each 500 thousand yuan.
"Circuit court has the judicial court decision of the case to this, safeguarded my legitimate rights and interests, also increased force of judicatory public letter and judicatory authority. " Xie Tao says.
Acquaintance is concoctive fact
Increase investigate difficulty
" explain " the concoctive fact in mentioning false suit, it is to show behavior person fiction, concoct exists far from, the factual circumstance that is contrary to with true condition photograph, can be completely concoctive already, be without actual part, also can be to put have a share actual part, the part is concoctive.
To concoctive fact, expert analysis summed up 3 sort: ? Emperor just unplugs of orangutan of bend so as to breakstubborn is small kill? to go to concern for debt of person fiction creditor's rights namely, forge evidence, wait like agreement of receipt for a loan, reimbursement, sue to the court as the basis with this, requirement the injured party is fulfilled " debt " ; 2 be " resurgence " model, had fulfilled with the injured party for the person all right namely end but be answered without all alone or the debt writ of destroy by melting or burning is credential, to forensic to lodge a complaint, ask the injured party is fulfilled again; 3 be " make use of a subject to elaborate one's own ideas " model, forge concerned evidence for the person all right namely, make the amplification of the mark of creditor's rights, or distort the loan amount on receipt for a loan, disable of testimonial disable grade conclusion.
Chapter of Guangzhou citizen Yang Mou and its friend " guide oneself act oneself " " out of thin air " model false suit.
"Passed not to make a divorce to a year, the house that buys after marriage should distribute fund, too deficient! " remember this thing every time, yang Mou is blocked up unbearably in medal heart.
The preparation after teaching oneself law attends the Wu Xin that judicatory takes an exam, it is the hair that with Yang Mou the chapter is brought up together small. After the irritated worry that is informed Yang Mou chapter, did Wu Xin give " coup " : ? Violet? the receipt for a loan that issues a piece of amount to be 980 thousand yuan to Wu Xin by Yang Mou chapter, arrive by Wu Xin next forensic to lodge a complaint, while Yang Mou chapter and wife Xu Mou label corespondent, apply for pair of houses that the couple buys after two people marriage to undertake belongings conserves. When after the court decision is carried out, wu Xin returns earning debt again return Yang Mou rule.
Yang Mou section sounds, set upright a thumb immediately, applaud repeatedly.
At first, the thing goes well. Wu Xin holds 980 thousand yuan receipt for a loan to be sued to the court, the requirement sentences chapter of your Yang Mou and reimbursement of wife Xu Mou. After the court is accepted, conserve according to Wu Xin's lawsuit application, the house that to Yang Mou chapter, Xu Mou shares undertook closing down.
In judicial cognizance, chapter of Wu Xin, Yang Mou all does not have demur to 980 thousand yuan. Very fast, forensic first instance adjudicates Yang Mou chapter, Xu Mou to remand to Wu Xin jointly loan 980 thousand yuan.
"Wu Xin every monthly wages just 4000 multivariate, firm enough oneself live, his parents also is labour firewood estate, nearly 1 million a huge sum of money from why and come? " Xu Mou feels this matter odd.
Below the lawyer's help, appeal mentions to quadrangle by the side of Xu some, report a case to the security authorities to mechanism of local public security at the same time. Very fast, chapter of Wu Xin, Yang Mou is in of public security mechanism interrogatory below, confessed the guilty fact that has false suit.
After quadrangle receives the information of put on record of public security mechanism that Xu Mou submits, cognizance Wu Xin appeals to leasehold case of folk of Yang Mou chapter, Xu Mou is false suit, adjudicate cancel first instance adjudicates and reject Wu Xin's lawsuit to request.
After the court is suspected of false suit trying with respect to Yang Mou chapter, Wu Xin, chapter of cognizance Yang Mou commits obstructive attest crime, sentence a set term of imprisonment 9 months, wu Xin makes a help forge evidential blame, sentence arrest battle lawfully 6 months.
"Move a stone to break his leg. " this adage, come true got finally on body of Yang Mou chapter.
Beijing lawyer Xiao Dongping thinks, can appear the problem of false suit, depend on sense of morality of one part party be short of above all break, legal consciousness is thin, in economic interest drive below, to achieve illegal goal, not hesitate defy the law, writ of diddle court suit affirms. The travel humanness of false contentious case has relatively close relationship normally, wait like relative relation, friend relation, often pass party careful collude with, elaborate scheme, and pass the lawful sex of formally of litigant way implementation, make investigated difficulty increases.
In addition, legal personage passes the analysis of case of pair of a few false suit, the maker that discovers false suit besides average natural person or outside legal person, lawyer, judge waits to become the maker of false suit possibly also.
"Have the multitude of special status to these, apply to criminal law not only, the legislation that still can combine the as special as its status such as lawyer law, judge law to concern is normative, undertake double punish to its, such ability severity attacks the action that deliberatelly break the law, influence abuses, produce caution and awe effect better at the same time. " this legal personage says.
Increase chasten strength
Aggrandizement credence is built
On May 15, 2018, deploy of mechanism of countrywide procuratorial work began assistance to solve peasant worker worker to demand fuel problem special supervisory activity. One procuratorate is in Zhejiang in examining a batch to recover work reward support to sue case process, discovered clew of 9 false contentious case that try level in the court.
March 2018, the 9 people such as Fang Mou part to forensic to lodge a complaint, some builds request Zhejiang engineering limited company pays pay pay to add up to more than yuan 1.33 million.
Because at present the court executes put on record to register,make, forensic the other side the case of the 9 people such as some gives put on record.
"Default salary amount tall, it is us the first doubtful point that in examining, discovers. In addition, 9 people belong to accuser the employee of different type of work, but amount of the time span that owes wage, salary is basic however and same, make the doubtful point of this case more increase. " undertake inquisitor tells a reporter.
Inquisitor returns discovery, when the careful of case front courtyard of the 9 people such as Fang Mou, neither one party appears in court, entrust litigant agent to attend entirely. In addition, the former defendant both sides in 9 cases already was reached on the court reconcile agreement, wait for a court to issue intercessory book only.
Time is pressing, procuratorate one side suggests the court defers to issue intercessory book, other one side launchs investigation actively.
In the inquiry of inquisitor, much name " accuser " one's words antilogy, cannot justify oneself, some also says to not be clear about to standard of the date that have a job, salary even. Then, the procuratorate transferred the 9 people such as Fang Mou public security substation with be suspected of clew of false suit crime.
Crammer looks be like perfect, but after all flaw 100. Public security mechanism was not expended how old setbacks, let ill will one case collude with the false suit case that tries to transfer asset to rise to surface.
Subsequently, the case court decision of the 9 people such as some rejects forensic the other side litigant request; Make the judicatory punish that fines 80 thousand yuan with obstructive and civil suit to experience trouble firm.
According to undertaking judge introduction, the case of the 9 people such as Fang Mou, have the typical feature of false suit. From experience record label look, amount of record of false suit experience is larger; Look to front courtyard rate from party, false litigant is led to front courtyard inferior; From the case processing looks as a result, false suit normally in order to mediate means end a case. Because undertake confrontationing adequately preparative beforehand between person of false suit action, in spot of front courtyard careful, both sides won't appear commonly intense antagonism, obtain executive basis in order to accept mediation more.
The expert thinks, false suit is carried out as judicatory in alleged " wisdom person legal game " , it is the enroach on of legitimate to the 3rd person rights and interests, it is the immediate challenge of pair of civil suit systems, if do not give,perfect resolve the way to deal with a situation, the structural sex enroach on that creates system of our country civil suit. Inside the civil system frame that has in our country, should compose builds system of damages of false suit tort, increase person of false suit action to violate the economic venture of behavior, bring damage into play to kill one party party and false suit action to make the enthusiasm of the fight, remove precaution and keep within limits thereby the purpose of false suit.
Also have expert proposal, be on guard hit false suit, want to be hit through judicatory way severity not only, increase chasten strength, want aggrandizement society at the same time society of construction of sincere letter system, promotion sincere letter atmosphere. Perfect those who be aimed at enterprise and citizen to impose letter management system further, will false suit participates in a person to include break one's promise list, complete the work that conforms platform of existing and pertinent information and social credit system.
