Yang Mou some to dodge the creditor, try to get legal chance, violate honest credence principle, make false suit, was sentenced for this punishment. . . . . .
A few days ago, by the dragon bay area of to sue of procuratorate of dragon bay area first false suit cases make public cognizance lawfully in the court, some makes Yang Mou of the accused person false suit blame, sentence a set term of imprisonment 2 years, punish golden RMB 100 thousand yuan.
Find out via cognizance, came in July 2014 September, yang Mou of the accused person the classics of effective control person of some and shell company, second company beforehand consultative, collect the money of business income etc of shell company the accused early or late the bank card account with person such-and-such poplar or Yang Mou of person of pass on the accused some, again the account that by Yang Mou some collects money shell company, shell company collects money again return second company, make Yang Mou of the accused person thereby the Zhang of running water of bank remit money between some and shell company is odd. Of the same age September, shell company to Yang Mou of the accused person some issues 4.9 million yuan bill signed in acknowledgement of debt, sign agreement of impawn of right of receivable Zhang money, shell company more than yuan of 380 impawn gives the profit of equity share out bonus to third company defendant person poplar is such-and-such.
In January 2015, lukewarm state city arbitrates committee accepted Yang Mou of the accused person the arbitral application of refund of company of some requirement shell, decided to allow in August at of the same age Yang Mou of the accused person some recalls arbitral application; Of the same age in October, the court accepted Yang Mou of the accused person the civil suit that some mentions, refund of company of some requirement shell reachs Yang Mou of the accused person 4.9 million yuan accrual, authority enjoys shell company to be opposite the receivable Zhang money of third company is opposite more than yuan 380 afore-mentioned debt are preferential suffer countervail.
Procuratorate of dragon bay area deals with " first false suit cases " adjudge
In case cognizance process, some cannot be opposite Yang Mou of the accused person of money be on the move the circumstance makes logical explanation, via checking, this case may be suspected of false suit, the court rejected Yang Mou in January 2016 some sue, move the case send public security office.
In May 2017, after procuratorate classics investigates dragon bay area, find out Yang Mou with false suit blame lawfully some criminal responsibility.
The litigant right that law gifts should be party is used originally safeguard oneself of legitimate rights and interests " weapon " , and a lot of party to dodge the creditor, get illegal profit to wait, use " lawsuit " , wait for a method through making false contract, false receipt for a loan, false divorce, have false suit, this behavior is in wasted judicatory resource while, still harmed force of public letter of judicatory authority and judicatory.
What is false suit?
False suit is legal noun, hit false lawsuit namely, 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, mediation. With " ill will litigant " has similar place.
Character: Political ministry, public prosecution ministry
