False suit takes up not only judicatory resource, obstructive judicatory order, still can encroach the injured party badly to close right increase, on March 28 afternoon, face lustre county court to made public open a court session to try whole town court of justice cases of first false suit criminal, careful of some of Li Mou of the accused person is sentenced arrest battle 4 months, fine 20000 yuan.
In May 2017, some reachs Yang Mou its wife king is such-and-such to Li Mou of the accused person some loan 50000 yuan, time limit of bilateral agreement loan a month, monthly interest ceases 4000 yuan, every months of accrual after exceed the time limit 5000 yuan, by Zhang Mou some issues 30000 yuan receipt for a loan to offer assure. Because of not on time reimbursement, end in September 2017, borrower and security repay to the accused person in all accrual 19000 yuan.
In November 2017, the accused person 30000 yuan of receipt for a loan that when with Zhang Mou some assures, issue appeal to his to face lustre county court, requirement refund 30000 yuan, accrual 5220 yuan, attorney representative expends 2000 yuan, aggregate 37220 yuan. Be the same as a month 27 days, yang Mou some to reimbursement of the accused person 50000 yuan, the accused person rejects a bank to turn Zhang, collection cash but did not issue receipt and return receipt for a loan. That day, the accused person applies for to recall to Zhang Mou some sue.
In January 2018, borrower and security find the accused person to ask to repay accrual is resumptive and all receipt for a loan, but the interest that raises because of the accused person is exorbitant and both sides was not reached consistent. In April 2018, the accused person will poplar such-and-such, king some sues such-and-such, Zhang Mou to face lustre county court, requirement 3 people refund 50000 yuan, accrual 7975 yuan, retaining fee 3000 yuan, aggregate 60975 yuan. After this case is accepted, face lustre county court to part on May 28, on June 27, 3 times open a court session will be tried on August 30, in trying a process, discover this case is suspected of false suit. On December 4, 2018, face lustre county court to reject the prosecution of the accused person lawfully, move clew of this case crime send a county to sweep black head group office except evil special accuse and denounce at a meeting.
In process of front courtyard careful, fact of some pair of crime admits Li Mou of the accused person. Forensic cognizance thinks, li Mou of the accused person some mentions with concoctive fact civil suit, obstructive judicatory order, enroach on others closes right increase, make false suit crime, make afore-mentioned court decisions then.
[Judge commentate law] false suit is to show the accused person is seek profiteering, collude with through ill will, concoctive fact, forge the means such as fact of evidence, dummy law, camouflage mentions to the court into party of case of civilian leasehold dispute civilian leasehold lawsuit, impared judicatory order, serious enroach on others closes right increase. False suit action violated honest honor not only this one civil law is basic principle, violated the legal interest of other; In the meantime, also wasted limited judicatory natural resources, disturbed normal judicatory tries order, harmed judicatory authority of the court and public letter force badly.
In this case, some conceals Li Mou of the accused person debt already the fact of pay off, to people court to lodge a complaint, requirement debtor and security fulfill debt, cause people court for many times sessional cognizance, took up judicatory resource, impared judicatory order, its behavior already offended " criminal law of People's Republic of China " one of the 307th the first regulations, make false suit crime, answer to investigate its criminal duty lawfully.
Next, face lustre county court to will increase chaos of civilian leasehold case to resemble punish strength further, attack false suit action, safeguard a society sincere letter, belong to solid false suit to check lawfully severe blow, wait for law according to the code of civil law stoutly, undertake punish to party and direct responsibility person, let false suit not have live soil, without space of base oneself upon.
