In recent years, appeared socially the name that make use of borrows money, of executive bilk behavior " cover a road to borrow " , suffering of the person that in letting, enrol can'ts bear character.
Alleged " cover a road to borrow " , it is to show what stem from detinue other belongings for the person all right is intended with the purpose, wrapping around civilian leasehold appearance, adopt empty to increase debt, falsify the passport such as charge of high specified number of evidence, baleful production break a contact, collection, pass next false suit, threatening press for payment of debts wait for means to demand repayment, the behavior of property of illegal embezzlement other, it is a kind of new-style illegal crime that belongs to bilk property.
How to want to return the property that is cheated
Because Huang Mou is badly in need of spending money, to loan of A finance company 150 thousand yuan, can take 130 thousand yuan actually at that time only. When the reimbursement deadline at the expiration of one's term of office of 3 months, huang Mou contacts finance company reimbursement, but the agency person or of the other side does not pick up the telephone, or says he is away on official business outer, when Huang Mou finds agency person finally, its pretend systematic occurrence breakdown cannot deal with reimbursement formalities again.
A finance company adopts afore-mentioned all sorts of trick, measures, cause Huang Mou cannot on schedule reimbursement, lend this collection penalty due to breach of contract, poundage, high specified number accrual, a house that brings about Huang Mou finally also compensate go in.
Police classics put on record is investigated, cognizance A finance company is " cover a road to borrow " guilty gang.
Special clew
Does criminal law set: the 64th times? Amine crock carves swollen swim? of Pu of coerce of sulphur of bursa of Mei of シ ㄋ ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken; To the lawful belongings of the injured party, ought to return in time still; Contraband and him property that use for guilty place, ought to give confiscate. " " top people court about applicable < criminal procedural law > explain " : of the 139th regulation? New moon of ammoniac post Ai owes ㄕ to add twinkling of θ of delay of cap of small ⒋ χ to cast aside ? to ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken lawfully. The injured party mentions of accessary and civil suit, people court does not grant to accept. The circumstance of pursue and wipe out, pay compensation for what one has unlawfully taken, can regard clue of measurement of penalty as the consideration. Can regard clue of measurement of penalty as the consideration..
With respect to this case character, huang Mou's house property is passed by A finance company " cover a road to borrow " means possess oneself of, ought to by handle a case mechanism is returned after pursue and wipe out lawfully return Huang Mou. After if A finance company is in,owning house property, sell unwitting with pair of fair, reasonable price the 3rd person, criterion this the 3rd person belongs to kindness to obtain, handle a case mechanism has no right again pursue and wipe out this house property, but the loss that Huang Mou suffers with respect to place of this house property, ought to be in charge of compensating for by A finance company.
In the light of " cover a road to borrow " how does false suit do
Qu Mou to B leasehold company borrow or lend money 50 thousand yuan, deadline 6 months, leasehold company is passed sign contract of yin and yang, expire not to receive the measure such as reimbursement, bring about Qu Mou to want finally to return 200 thousand yuan of principal and interest and penalty due to breach of contract to wait, both sides produces issue for this.
B leasehold company sues a court, the court adjudicates leasehold company wins the lawsuit. Recently, b leasehold company is hunted down by police and maintain belong to " cover a road to borrow " guilty gang, very apparent, foregoing lawsuit should belong to false suit.
Special clew
False suit common says " the lawsuit that make a holiday " , it is to show party is seek profiteering, concern through concoctive fact, dummy law, forge the means such as evidence to mention to the court civil suit, make the court is based on this and make wrong court decision, ruling, mediation, encroach other to join the action of order of disturbed and right beneficial, normal judicatory.
Released a few days ago " top people court about lawfully the announcement of leasehold case of appropriate cognizance folk " point out, the criminality such as leasehold behavior of strict divisional folk and bilk, people court is in case of cognizance folk leasehold dispute, want to strengthen what wait for criminality to civilian leasehold behavior and bilk to discriminate, discover civilian leasehold behavior involves illegal crime, ought to rule reject sue, move the clew that is suspected of crime, material send public security mechanism or procuratorial work office.
How should Qu Mou answer the other side to lend forensic hand gotten money? Afore-mentioned announcements point out, criminal adjudicates cognizance lender is formed " cover a road to borrow " of the crime such as bilk, the become effective that leasehold dispute of common to already was being pressed folk makes people court adjudicates, ought to correct in time through ruling monitor gives. Accordingly, b is made in people court after leasehold company makes the court decision of crime of fraud or false suit blame, the people court that hears bilateral and leasehold issue before should start adjudgement monitor actively. If people court was not started actively, bend some to answer seasonable to lodge a complaint, be corrected by people court through rehear already the wrong court decision of become effective, redeem the loss that has sufferred.
