Xinhua net Beijing on September 20 report (reporter Lu Junyu) 18 days, " top people court plans about carrying out the job of socialistic core viewpoint of value in the round in judicatory explanation (2018-2023) " put forward clearly: "Should come on stage to punish about be on guard as soon as possible the judicatory explanation of false suit, urge party sincere letter lawsuit " , this to implementing a code of civil law the requirement sense about sincere letter lawsuit is great.
False suit is legal noun, hit namely " false lawsuit " , it is to show party stems from illegal motive and purpose, use the litigant right that law gifts, the method that uses false litigant main body, fact and evidence mentions civil suit, make the court makes the conduct of wrong court decision, ruling, mediation. Simple point says: It is to point to the juridical copy clerk for diddle court, ill will is colluded with, dummy fact, forge evidence, mention to the court the behavior of civil suit.
In trying practice, sincere letter is short of break, baleful lawsuit, false suit and abuse appeal to authority to wait not sincere letter behavior happens from time to tome, disturbed not only adjudgement order, damaged the legitimate rights and interests of the the opposing party, the justice that also affected adjudgement is efficient, harmed judicatory authority and public letter force.
Additional, because a lot of people are not clear that the standard of measurement of penalty of false suit blame is what and serious consequence, and go " flying moth attacks fire " , get finally legal punish. So, what " cover a region " belong to false suit? What kind of law sanction can false suit accept? Let us tell you with a few case.
Cover a region one: False receipt for a loan escapes carry out
Zhao is such-and-such fail because of the business, be heavily in debt, be sued to come by creditor court, the court enters executive order lawfully after, be about to auction an office building of its under one's name, earnings sale paragraph allocation gives loan. The eye sees house property will be auctioned, for Wu of little repay a debt, some thinks of Zhao Mou her niece money is such-and-such 2014 him Ceng Xiang turns Zhang 1.4 million yuan, facilitate October 2016, money of in collusion with forged a piece of false receipt for a loan since some some, dummy Zhao is such-and-such to Qian Mou some loan 1.4 million yuan debt receipt for a loan, hind by Qian Mou some turns by this receipt for a loan and bank Zhang notes goes court of people of beautiful island division is sued mention civil suit, diddle the civil mediation book of court of people of division of Tian Fuxiu island of Fujian Province Pu.
Area procuratorate examines beautiful island to discover money is such-and-such and do not have the economic ability that loan gives Zhao Mou 1.4 million yuan some, before ironclad proof, some admitted Qian Mou its and Zhao are such-and-such together the fact of false suit. Court of people of beautiful island division enters a judgement, sentence Zhao Mou some set term of imprisonment one year, punish golden RMB 10000 yuan; Money of the accused person is such-and-such set term of imprisonment 9 months, probation one year, punish golden RMB 5000 yuan.
As we have learned, civilian leasehold domain is produce false suit " heavy disaster area " , folk is leasehold the characteristic of the case that make a holiday is apparent. Above all, relationship of party of litigant both sides is special, cooperate tacit understanding, it is relative, friend commonly; Next, general in order to mediate means end a case; Again, beforehand act in collusion to make each other's confessions identical, agree about case fact caliber, it is more difficult to investigate.
Cover a region 2: False divorce is seek money
Because of deal deficit, owed debt external, 2 people agreement deals with Ren Hua and king swallow husband and wife false divorce, agree all belongings put in the woman 's charge all, debt man repays. To ensure feeling concerns, both sides signed again " agreement of husband and wife " , agreement " family property belongs to both sides collective and all, if go back on his word to put in the other side 's charge " " cannot make with the cover of the divorce violate the ethics between husband and wife (thing) " " wait for debt to resume marriage again afterwards " ...
However, the day that resume marriage arrived, wang Yan refused however.
Did not have house, car, still lost a wife, ren Hua to forensic to lodge a complaint, the requirement sentences your belongings to put in the man 's charge according to the agreement of agreement of husband and wife all. Recently, court of district of An Yuanli state enters a judgement, bilateral divorce is effective, house car all puts in the woman 's charge all, did not undertake breaking up to car in divorce agreement, the woman pays 45 thousand yuan of belongings to break up cost. Current, this court decision already become effective.
In recent years, the false suit in divorce case namely false divorce phenomenon is in the majority in false contentious case, our country " code of civil law " the 181st regulation: Party is right had produced legal effectiveness remove the court decision that marriage concerns, must not apply for rehear, if divorce once the false suit of the case is successful, cause a few beyond recall influences and loss very easily.
Cover a region 3: Bank of diddle of business of dummy commodity house borrows money
Some company developed project of one office real-estate, because the sale is not ideal,cause difficulty of capital steam again. To alleviate an extremely urgency, this company is badly in need of bank loan, but the house sells do not go out bad guaranty. Then, the company looks for a person to think up " wise move " , wait for the name of 459 people with Zhao Mou first, sign a holiday " contract of commodity house business " , by " contract " the agreement registers the building in Zhao Mou to wait " the person that buy a house " under one's name, dealt with the formalities that register for guaranty with this next, got loan smoothly from the bank.
After 3 years, this company overshoots difficulty, paid off loan smoothly. Right now, the company remembered those did not sell the house of skill at all, but difficult problem is placed in however at the moment, the house property that must cancel the 459 people under one's name such as Zhao Mou to be registered phonily. Then, company boss Yang Mou found the lawyer Li Mou, person such as Gu Mou. In March 2010, li Mou, Gu Mou is in attorney office to accept Zhao Mou to wait " the person that buy a house " entrust, act as agent to they pass lawsuit or arbitrate means affirms building business contract is invalid, the requirement cancels house property to register, this company pays a representative to expend 2 million yuan for this.
Classics mediation, court issued book of 459 civil mediation, affirm contract of commodity house business did not hold water, by this company home remedy application handles building property card and land access of card cancel formalities. Pass false suit, 459 flatlet return hand of outstanding interest firm in. However, greedy outstanding interest firm goes again duty Wu branch files return the duty of 400 much agrees of the pay before this, this caused the vigilance of duty Wu branch. Subsequently, procuratorial work scheme gets involved, relevant personnel is found out lawfully criminal responsibility.
Cover a region 4: Forge labor contract to cover take frozen capital
In March 2016, song Mou of the accused person and the Song Dynasty of the accused person week is such-and-such, such-and-such, piece such-and-such, king such-and-such, Li Mou the person such as some is consultative mention through dummy debt the means of false suit, in attempting to tear open change money from forensic frozen, cover take partial fund, contract of salary watch, labor, IOU is forged after, the Song Dynasty of the accused person week is such-and-such, such-and-such, piece such-and-such, king the 8 people such as some are in such-and-such, Li Mou sign on relevant data, manage afore-mentioned false material in order to owe salary name to lodge a complaint of court of people of Xiang Siyang county. In litigant process, the Song Dynasty of the accused person the average per capita such as some assures such-and-such, Zhao Mou offerred evidence is real, action of nonexistent false suit. Hind the Song Dynasty of the accused person such-and-such, Zhao such-and-such, Zhou Mou the 8 people such as some part to reach mediation with Song Mou of the accused person, the court mediates an agreement according to what both sides reachs, made " civil mediation book " . Person of 8 the accused holds become effective then " civil mediation book " Xiang Siyang court applies for to carry out, the purpose is participated in allocate Song Mou of the accused person all already was torn open by forensic frozen change fund, be satisfied by get behind of forensic executive bureau case hair.
Cognizance of Si in relief court is found out, song Mou of the accused person, the Song Dynasty such-and-such, Zhou Mou the person of 9 the accused such as some mentions with concoctive fact civil suit, obstructive judicatory order, its behavior already all was accorded with " criminal law of People's Republic of China " the 307th one of regulation, make false suit crime. First instance of court of people of Si in relief county with Song Mou of the accused person, the Song Dynasty the person such as some makes such-and-such, Zhao Mou false suit blame, sentence set term of imprisonment of Song Mou of the accused person one year, punish golden RMB 80 thousand yuan; Sentence the Song Dynasty of the accused person such-and-such set term of imprisonment 7 months, punish golden RMB 30 thousand yuan; Sentence Zhao of the accused person such-and-such, Fu Mou 5 months go to the battle of 7 people arrest such as some 2 months, penalize the penalty that gold differs 30 thousand yuan to 10 thousand yuan.
Extensive of the arm of the law, scanty and do not leak, the false suit action that the person break the law with these legal thin consciousness returns finally so that be his " bury sheet " !
