China News Service, November 9th. According to the website of the Supreme People’s Court, the Supreme People’s Court announced on the 9th 10 typical cases of false lawsuits in the people’s courts.
Including the fact that the person subject to enforcement fabricated facts, fraudulently using the name of others to create a series of false litigation cases; court staff used their powers to jointly commit false litigation crimes with others.
Catalogue of Typical Cases in the People's Courts to Remedy False Litigation
Case 1. Where the person subject to enforcement fabricates facts and creates a series of false litigation cases in the name of others, he shall be punished severely
Case 2. Initiating a civil lawsuit by concealing the fact that the debts of private loans have been fully paid off and demanding others to perform the debts that have been wiped out constitutes a false lawsuit
Case 3. In order to evade enforcement, an enforcement objection is filed to the people's court based on a false divorce agreement, which constitutes a false lawsuit
Case 4. The company and its employees maliciously colluded with fictitious labor claims in order to defraud the compensation for demolition and relocation, which constitutes a false lawsuit
Case 5. After the parties were held criminally responsible for the false litigation, they should still bear civil compensation liabilities for their infringements
Case 6. Intentionally fabricating creditor's rights and debt relations and debt settlement agreements, and filing a civil lawsuit in the people's court, causing the people's court to open a trial and interfering with normal judicial activities, constitutes a crime of false litigation
Case 7. Fabricating facts to defraud civil mediation documents and applying for participation in the execution of property distribution based on this constitutes the crime of false litigation
Case 8. Severely crack down on “routine loan” false litigation violations and crimes in accordance with the law
Case 9. Court staff who use their powers to jointly commit false litigation crimes with others shall be severely punished
Case 10. Lawyers have repeatedly provided suggestions for the parties, jointly forged evidence to conduct false litigation and acted as agents in civil litigation, which constituted a false litigation joint crime
Typical cases of rectification of false litigation by the people's court
Case 1. Where the person subject to enforcement fabricates facts and creates a series of false litigation cases in the name of others, he shall be punished severely
Basic case
In 2019, in order to prevent the people’s court from compulsory execution of the property under its name, Company A, the person subject to execution, fraudulently used the identity of 63 natural persons such as Ai Moumou, and filed an execution objection to a higher people’s court in the name of the purchaser outside the case, resulting in the court. Made some wrong enforcement objection rulings and enforcement objection lawsuit judgments.
Later, in the trial of the related enforcement objection case, the false litigation was verified by the people's court.
process result
The People's Court ruled in accordance with the law to allow continued execution of the corresponding houses under Company A; the two levels of courts fined Company A 1 million yuan per case, totaling 63 million yuan, and related criminal clues and related materials were transferred to the investigative agency.
case analysis
In order to prevent the people’s court from enforcing the property under its name, Company A provided false evidence materials to the people’s court, fabricated the fact of the house purchase, and filed an execution objection in the name of 63 people including Ai Mo.
The Provisions of the Supreme People’s Court on Several Issues Concerning the Handling of Cases of Execution Objections and Reconsiderations by the People’s Courts. The conditions for exclusion of enforcement stipulated in Article 28 and Article 29 of the Supreme People’s Court are not met in this case. On this basis, the judgment should continue to be executed, and the perpetrators of false litigation should be punished in accordance with the law.
Typical meaning
In the execution objection lawsuit, the person subject to execution fraudulently uses the name of another person to file a false execution objection application, which in turn triggers the execution objection lawsuit of the applicant for execution.
Because the name of the person outside the case is false and fraudulent, and there is no real execution objector, there is no possibility of malicious collusion between the person subject to execution and the execution objector.
The act of the person subjected to execution unilaterally using the name of another person to file a false execution objection application is a false litigation.
After the court of first instance has successively made erroneous judgments in support of the false execution objection based on the false execution objection application filed by the person outside the impostor case, the court of second instance may proceed with the substantive case if it finds that the case is indeed a false lawsuit filed by the person subject to execution. Deal with it and directly judge the litigation request of the person applying for execution to continue execution.
The parties involved in civil litigation shall strictly abide by the principle of good faith stipulated in the first paragraph of Article 13 of the Civil Procedure Law of the People's Republic of China, submit real evidence to the people's court, and truthfully state the facts of the case.
However, Company A provided the people’s court with false power of attorneys, false housing sales contracts, false payment receipts, fabricated the facts of the case, falsely used the names of outsiders to raise false enforcement objections, conduct false lawsuits, and attempt to infringe upon the lawful rights and interests of others, and destroy If the social integrity is disrupted and the normal judicial order is disrupted, sanctions should be imposed in accordance with the law.
If a party creates a series of false litigation cases to evade execution, the social impact is even worse and should be severely punished in accordance with the law.
Case 2. Initiating a civil lawsuit by concealing the fact that the debts of private loans have been fully paid off and demanding others to perform the debts that have been wiped out constitutes a false lawsuit
Basic case
From October 2011 to January 2012, the plaintiff Zhou and Company A signed three loan contracts. The contract stated that Zhou had loaned 16 million yuan to the company, but actually only paid 5 million yuan in loan principal to Company A. .
Company A has repaid all the principal under the loan contract and paid interest exceeding the legal upper limit of interest rate.
Zhou still filed a civil lawsuit with a district people’s court on the basis of the statement and dunning receipt issued by the person in charge of Company A, claiming that Company A should return all the principal and interest under the aforementioned loan contract.
In response to Company A’s defense that the principal and interest of the loan had actually been paid off and related evidence, Zhou claimed that the company had returned other loans.
Zhou's false statement in court and the evidence submitted by him, such as the statement and dunning receipt, caused the people's court to make a wrong judgment.
The retrial court found that Zhou was a professional lender who used violence and coercion to collect illegal debts from Company A for loan sharks and illegally detained the person in charge of Company A.
The person in charge of Company A was forced to sign the aforementioned statement and dunning receipt during his detention.
process result
The People's Court ruled to reject Zhou's request in accordance with the law, fined Zhou, and transferred relevant criminal clues to the investigation agency.
case analysis
In this case, Zhou made many false statements and fabricated basic facts during the civil litigation process. This is an act of fabricating evidence and obstructing the trial of the case by the people’s court. Therefore, the people’s court followed the "Civil Procedure Law of the People's Republic of China" 110 Article 1 imposes a fine on it.
At the same time, Zhou also deliberately concealed the fact that the loan involved in the case was an illegal debt arising from high-interest loans, and that Company A had actually paid off the principal and legal interest of the loan, and filed a lawsuit in the People’s Court to demand that Company A fulfill the debt that has been wiped out. His actions should be punished on the basis of "initiating a civil lawsuit with fabricated facts" and deemed a false lawsuit.
Typical meaning
In private lending relationships, lenders often use the borrower’s eagerness to use funds to force them to accept a high interest rate agreement that is far higher than the legal private lending rate protection limit. After the borrower has actually paid off the principal of the borrowed money and must comply with the law. After the protected interest, the borrower still claims to repay the principal and interest of the loan through litigation.
In response to the borrower's defense and proof that the borrower has paid off the principal and interest of the loan, the lender often falsely claims that the repayment claimed by the borrower is the return of other borrowings, which makes it more difficult to hear the case.
Therefore, in private lending cases, the people’s courts must attach great importance to the review and screening of professional lenders, and at the same time focus on reviewing issues such as the authenticity of the lending relationship, the amount of principal borrowing, and the scope of interest protection.
If the lender conceals the fact that the debt has been fully paid and then filed a civil lawsuit with the people’s court, it shall be punished in accordance with the law. If a crime is suspected, clues shall be promptly transferred to the investigative agency in accordance with the law, and professional lenders must be prevented from obtaining illegal high amounts through false litigation. income.
Case 3. In order to evade enforcement, an enforcement objection is filed to the people's court based on a false divorce agreement, which constitutes a false lawsuit
Basic case
In a district people’s court in the case of a private lending dispute between the executor Li XX and the enforced Feng XX, the dissident Gao XX filed a written objection, requesting to exclude the compulsory execution of the house under Feng XX, and Provided a false divorce agreement.
The agreement on property division in the divorce agreement is inconsistent with the agreement in the divorce agreement filed by both parties at the Marriage Registry of the Civil Affairs Bureau of a certain district.
process result
The people's court ruled in accordance with the law to reject the execution objection raised by Gao XX, a person outside the case, and impose a fine on Gao XX.
case analysis
In this case, Gao XX and the person being enforced Feng XX were originally married and divorced by agreement during the trial of the private loan dispute between Feng XX and Li XX.
After the judgment of the private lending dispute case became effective and entered the enforcement procedure, Gao XX filed an enforcement objection in order to transfer the property to evade enforcement. During the review of the objection, he provided a false divorce agreement to the People’s Court, requesting to exclude the house from Feng XX. Enforcement.
Gao XX used methods such as falsifying evidence and false statements to raise objections to the subject of execution in the civil execution procedure, which interfered with the normal order of civil litigation. This is a false litigation behavior. Therefore, the people's court punished Gao XX in accordance with the law.
Typical meaning
Execution objections and enforcement objection suits are areas where false litigation is currently growing rapidly. When the person subject to enforcement has relatives, associations, and other interests with people outside the case, the people’s courts must be highly vigilant about the possibility of false litigation. Intensify the force of obtaining evidence according to the authority, and examine and judge whether there is any false litigation based on the relationship between the parties, the facts of the case, and the process of obtaining the basis for execution.
In this case, Gao deliberately provided a false divorce agreement, fabricated the facts of the case, and intended to exclude the compulsory execution of the house under the name of his former spouse Feng, and infringe upon the lawful rights and interests of others.
When reviewing Gao's enforcement objection, the enforcement court did not trust the evidence submitted by the parties, but requested the information kept by the relevant state agency, and finally found that Gao Xumou had provided false evidence and abused the right of enforcement objection. , To impose judicial punishment on it, safeguard the lawful rights and interests of the applicant for enforcement, and at the same time play a powerful deterrent effect on the parties who do not speak good faith and take risks to engage in false litigation, and achieve a good effect of education in handling a case.
Case 4. The company and its employees maliciously colluded with fictitious labor claims in order to defraud the compensation for demolition and relocation, which constitutes a false lawsuit
Basic case
The plaintiffs Chen and Huang are husband and wife.
The two alleged that they had worked for the defendant Company A since January 2013. Chen was responsible for infrastructure and materials, with a monthly salary of 45,000 yuan; Huang was responsible for cleaning and cooking, with a monthly salary of 15,000 yuan.
The two worked for 52 months in total, with a cumulative salary of 3.12 million yuan.
Chen, Huang and Company A formed a salary settlement agreement in August 2018, confirming that Company A still owes Chen and Huang wages of 2.86 million yuan.
Company A recognized the claims of Chen and Huang, and both parties had reached a settlement agreement before the court.
The People’s Court found out after trial that: Chen and Huang are relatives of Zhang, the legal representative of Company A. Because Company A is facing demolition, it is a fictitious business loss of Company A in order to obtain as much compensation for the demolition as possible. Zhang and Chen , Huang agreed that Chen and Huang filed a false lawsuit against Company A.
All litigation matters are handled by Zhang, and the salary settlement agreement is also drafted by Zhang.
process result
The People's Court ruled in accordance with the law to reject the prosecutions of Chen and Huang, fined Company A and its legal representative Zhang a total of 1 million yuan, and transferred the suspected criminal clues and related materials to the investigative agency.
case analysis
Article 112 of the "Civil Procedure Law of the People's Republic of China" stipulates: "Where parties maliciously collude in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, etc., the people's court shall reject their request and impose a fine based on the severity of the circumstances. , Detention; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law." Article 191 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates: "The entity has the 110th civil procedure law Article 2 or Article 113, the people’s court shall fine the unit, and may fine or detain the main person in charge or the person directly responsible; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law." Among them, there is no wage claim dispute between Chen and Huang and Company A. There is no basic factual basis for litigation, and there is no need for litigation. They still falsify the false fact that Company A owes them a huge amount of wages and initiate a civil lawsuit.
Before the people's court officially opened the trial, both parties reached a settlement agreement on their own and jointly asked the people's court to confirm the agreement, with the intention of defrauding the effective judgment document to seek illegal benefits.
The act of the plaintiff and defendant in this case initiating a civil lawsuit with fabricated facts constituted a false lawsuit.
The false litigation was actually led by Company A and its legal representative Zhang. According to the aforementioned provisions, the people's court should fine the unit and may fine the main person in charge or the person directly responsible.
Typical meaning
Article 23 of the "Regulations on Expropriation and Compensation of Houses on State-owned Land" stipulates that compensation should be determined based on factors such as the benefits before the house is expropriated, the period of suspension of production and business, and other factors.
When Company A was faced with compensation for demolition, it did not claim rights in accordance with the law. Instead, in order to defraud more compensation, the legal representative Zhang Mou hand concocted the litigation in this case. His actions not only severely disrupted the normal litigation order and wasted judicial resources, but also Even more damage to judicial authority and public interests, judicial organs must promptly identify and punish such false litigation behaviors.
Litigation can't be trifling.
The parties should follow the principle of good faith in civil litigation, and if they fabricate facts and initiate false civil litigation, they will be denied both morally and legally.
Case 5. After the parties were held criminally responsible for the false litigation, they should still bear civil compensation liabilities for their infringements
Basic case
In February 2015, in order to transfer company A’s property to avoid debts, the company’s actual controller Fu and his classmate Shao conspired to fabricate the fact that the company borrowed 2 million yuan from Shao and forged the corresponding bank transfer vouchers. The company's main assets such as machinery and equipment were falsely mortgaged to Shao.
After the people's court enforced the company, Fu, on the grounds that Shao had a mortgage on the company's machinery and equipment, filed an execution objection in Shao's name in an attempt to block the enforcement.
During the period, Fu also operated the company to transfer part of the collateral at a low price.
In October 2018, Fu and Shao were held criminally responsible for committing false litigation crimes.
In December of the same year, the company was declared bankrupt.
In July 2019, the creditor Mao of the company filed a lawsuit with the People's Court on behalf of all creditors, demanding that Shao be ordered to pay compensation for all the unpaid parts of the company's bankruptcy claims within the scope of the collateral valued at more than 3.7 million yuan that caused the company to lose.
process result
The People's Court found that Shao and Fu should be jointly liable for damages due to a joint infringement, and ruled that Shao should compensate the creditors of Company A for more than 2.22 million yuan, and the compensation shall be included in the property of Company A.
case analysis
Shao assisted Fu in forging bank records, signing false contracts, filing false lawsuits, entrusting Fu to dispose of property, and filing execution objections. The fundamental purpose and objective consequences of a series of behaviors are to oppose the creditors of Company A to realize their claims and obstruct the property of Company A. Implementation.
Shao should have a clear foresight of the purpose and legal consequences of assisting Fu in the above-mentioned actions, and still assist and cooperate with Fu. Only the joint action of the two persons can lead to the eventual occurrence of the damage in this case. Article 8 of the Tort Liability Law of the People's Republic of China stipulates that the two persons constitute a joint tort, and Shao shall bear joint and several liability for damages.
After comprehensively considering factors such as the amount of the fictitious loan principal amount and the actual realizable value of the mortgaged property, the people's court made the above-mentioned judgment in accordance with the law.
Typical meaning
The damage caused by the false litigation conforms to the general characteristics and constitutive requirements of the tort, and belongs to the tort. Therefore, if the perpetrator causes damages due to the false litigation, the victim has the right to require the perpetrator of the false litigation to bear the responsibility in accordance with the relevant provisions of the Tort Liability Law of the People’s Republic of China Tort Liability.
At the same time, according to Article 4 of the Tort Liability Law of the People's Republic of China, if the infringer should bear administrative or criminal liability for the same act, it does not affect the legal liability for tort.
Article 12 of the "Guiding Opinions of the Supreme People's Court on Preventing and Sanctioning False Litigation" also stipulates that if a false lawsuit infringes the civil rights and interests of others, the participants in the false lawsuit shall be liable for compensation.
The aforementioned relevant provisions of the "Tort Liability Law of the People's Republic of China" are also reflected in the "Civil Code of the People's Republic of China" that came into effect on January 1, 2021.
Therefore, the punishment of the perpetrator of false litigation does not exempt his civil liability.
In addition to bearing the risk of losing the lawsuit, the false litigation perpetrator will be subject to both criminal punishment and civil liability for compensation. This is of positive significance for effectively deterring illegal perpetrators and protecting the legitimate rights and interests of victims.
Case 6. Intentionally fabricating creditor's rights and debt relations and debt settlement agreements, and filing a civil lawsuit in the people's court, causing the people's court to open a trial and interfering with normal judicial activities, constitutes a crime of false litigation
Basic case
Between May and September 2019, the defendant Peng Moumou maliciously colluded with others to deliberately fabricate the creditor's rights and debts relationship and the debt settlement agreement.
Later, Peng XX conspired with the defendant Zhao, and entrusted Zhao to act as an attorney to file a civil lawsuit with a district people’s court, which caused the people’s court to open a trial and interfere with normal judicial activities.
Peng XX and Zhao XX were arrested by the public security organs on June 19, 2020.
process result
The People's Court sentenced Peng to a fixed-term imprisonment of seven months and fined RMB 7,000 for the crime of false litigation in accordance with the law; and sentenced Zhao to a fixed-term imprisonment of six months and a fine of RMB 6,000.
case analysis
The crime of false litigation refers to a natural person or unit filing a civil lawsuit with fabricated facts, obstructing judicial order or seriously infringing on the lawful rights and interests of others. The core elements of conduct are "fabricating facts" and "initiating a civil lawsuit."
"Fabricated facts" include the facts fabricated by the perpetrators themselves and the facts fabricated by others; "initiating a civil lawsuit" includes the use of facts fabricated by oneself and the facts fabricated by others to bring a civil lawsuit to the people's court.
The first paragraph of Article 307-1 of the Criminal Law of the People’s Republic of China stipulates: “Whoever initiates a civil lawsuit with fabricated facts that obstructs the judicial order or seriously infringes the lawful rights and interests of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. In case of serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.” According to Article 1 of the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling False Criminal Cases” According to the first paragraph, the use of forged evidence, false statements, etc., fabricated civil legal relationships, fabricated civil disputes, and filed a civil lawsuit in a people’s court shall be deemed as stipulated in the first paragraph of Article 307-1 of the Criminal Law. Initiate a civil lawsuit with fabricated facts".
According to the second paragraph of Article 2 of the above-mentioned judicial interpretation, if a civil lawsuit is filed on the basis of fabricated facts, which causes the people’s court to open a trial and interferes with normal judicial activities, it shall be deemed as “hindering Judicial order or serious infringement of the lawful rights and interests of others".
In this case, Peng XX maliciously colluded with others, fabricated the creditor’s rights and debts relationship and the debt settlement agreement, and then conspired with Zhao, appointed Zhao as the agent ad litem, and filed a civil lawsuit with the people’s court, which caused the people’s court to open a trial. Interfering with normal judicial activities conforms to the behavioral characteristics and conviction conditions of false litigation crimes stipulated in the Criminal Law of the People's Republic of China and judicial interpretations.
Therefore, the people's court sentenced Peng XX and Zhao XX to fixed-term imprisonment and fined them for the crime of false litigation.
Typical meaning
In practice, deliberately fabricating creditor’s rights and debt relationships and repayment agreements often occur in divorce and other types of civil litigation and civil enforcement processes. The perpetrators often intend to use the above actions to achieve more distribution of the joint property of the husband and wife or illegal transfer of the executed property. Purpose.
Such behavior will not only be condemned by morals, but also severely punished by law.
Judicial organs must promptly screen, detect, and punish such false litigation violations and criminal acts, investigate the criminal responsibility of the perpetrator in accordance with the law, and protect the legitimate rights and interests of the people.
Case 7. Fabricating facts to defraud civil mediation documents and applying for participation in the execution of property distribution based on this constitutes the crime of false litigation
Basic case
From May 2019 to January 2020, Yi Moufen successively borrowed more than 2 million yuan from the defendant Zhang Moumou, and later returned more than 1 million yuan of it, and still owed more than 900,000 yuan.
In addition, Yi also borrowed a large amount from Guo and other people and failed to return it, and Guo sued Yi to the people's court of a certain city.
On March 26, 2020, the people’s court of the city ruled that Yi should repay Guo XX’s loan of 1.326 million yuan. After that, the case entered the execution procedure and the people’s court of the city was prepared to enforce the real estate under Yi’s name.
In order to achieve the purpose of multiple execution funds during the enforcement process, Zhang XX conducted a pre-conspiracy with Yi.
On April 2nd of the same year, Zhang XX and Yi XX maliciously colluded. Zhang XX concealed the fact that Yi XX had repaid more than 1 million yuan of loans, and filed with the people's court of that city on the grounds that Yi XX defaulted on the total loan amount of 1.825 million yuan. Civil litigation.
After the city's people's court opened a trial, under the auspices of the court, Yi and Zhang reached a mediation agreement, and Yi paid 1.825 million yuan owed by Zhang, and the city's people's court made a civil mediation agreement accordingly.
Zhang XX used the civil mediation document as the basis for enforcement and applied to participate in the distribution of the property of the person subject to enforcement, Yi.
After the creditor Guo Moumou reported the case, the public security organs arrested Zhang Moumou.
process result
The people's court sentenced Zhang to one year imprisonment for the crime of false litigation and fined him 10,000 yuan.
case analysis
According to Article 1 of the "Interpretation of the Supreme People’s Court and Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of False Prosecutions", methods such as forged evidence and false statements were used to fabricate civil legal relationships, fabricate civil disputes, and file civil disputes with the People’s Court. In the case of litigation, it shall be deemed as “a civil lawsuit based on fabricated facts” stipulated in the first paragraph of Article 307 of the Criminal Law; apply to the people’s court for the execution of an arbitration award or a notarized creditor’s right document based on fabricated facts, or In the process of civil execution, a case that uses fabricated facts to object to the subject of execution and applies for participation in the execution of property distribution is considered to be "initiated with fabricated facts in a civil lawsuit."
Those who commit the above-mentioned acts and meet the conviction standards stipulated in the "Criminal Law of the People's Republic of China" and judicial interpretations shall be convicted and punished as false litigation crimes.
According to Article 2, Item 3 of the above-mentioned judicial interpretation, civil lawsuits are initiated based on fabricated facts, causing the people's court to make judgment documents based on fabricated facts, prepare property distribution plans, or file a case to execute arbitration awards and notarized debt documents based on fabricated facts It shall be deemed as “hindering the judicial order or seriously infringing the lawful rights and interests of others” as stipulated in the first paragraph of Article 307-1 of the Criminal Law.
In this case, Zhang XX made loans to Yi XX several times, totaling more than 2 million yuan.
In fact, several creditor-debt relationships have been formed between the two.
After Yimou repaid Zhang's loan of more than 1 million yuan, part of the creditor's rights and debts relationship between the two people has been eliminated.
When the property under Yi's name was subject to enforcement by the people's court, Zhang and Yi maliciously colluded to conceal the fact that part of the creditor's rights and debt relationship has been eliminated due to the debtor Yi's repayment behavior, and that part of the creditor's right and debt relationship still exists The civil lawsuit was filed for the purpose of causing the people’s court to issue a civil mediation statement based on fabricated facts, and based on the fraudulent civil mediation statement as the basis for execution, to apply for participation in the distribution of Yimou’s property, which complies with the false provisions of the Criminal Law of the People’s Republic of China and the judicial interpretation. The behavioral characteristics and conviction conditions of the litigation crime.
Therefore, the people's court sentenced Zhang to fixed-term imprisonment and fined him for the crime of false litigation.
Typical meaning
Interfering with the normal enforcement activities of the people’s courts through false litigation methods, or evading the enforcement obligations determined by the people’s courts in effective judgment documents for oneself or others, seriously disrupts judicial order, infringes on the lawful rights and interests of other creditors, and causes serious social harm.
Such behaviors often appear in the form of malicious collusion between creditors and debtors, and most of them reach mediation agreements on their own in the process of civil litigation, which is highly concealed and difficult to identify.
Judicial agencies should increase their review efforts, improve their screening capabilities, and attach importance to the investigation and review of sources of clues such as victims' reports and accusations, and public reports, and promptly discover false litigation crimes, and severely punish them in accordance with the law.
Case 8. Severely crack down on “routine loan” false litigation violations and crimes in accordance with the law
Basic case
From September 2013 to September 2018, the defendant Lin Moumou, through the two companies he actually controlled, developed organization members by absorbing shareholders and recruiting business personnel, and carried out illegal and criminal activities of "routine loans", which gradually formed A triad organization with a clear hierarchy and a large number of people with Lin Moumou as the core.
Lin Moumou takes the lead in determining the specific mode of implementing "routine loan", planning and directing all illegal and criminal activities, and other members are responsible for participating in different links of "routine loan", implementing specific illegal and criminal activities, and responsible for illegally using violence and "soft violence". Possession of the victim’s property and long-term employment of a lawyer to help the organization avoid legal risks.
In the process of "routine loan" illegal crimes by the underworld organization and its members, in the name of handling housing mortgage loans, they induced and deceived multiple victims to handle the entrusted notarization that conferred the enforcement effect of the loan contract, the entrustment of the sale of the house, and the discharging of the mortgage. And maliciously create facts of breach of contract, use notarization to transfer the property under the victim’s name to the underworld organization or member of the organization, and then gather and instruct a violent house clearance gang, using violence, threats and other "soft violence" means to occupy the victim arbitrarily Real estate, through mortgage, sale to a third party, collusion with long-term lawyers, and false litigation, the victim’s real estate disposal is realized to seek illegal benefits, and the illegal proceeds are used for the development and growth of the underworld organization and the members of the organization Dividends and commissions.
By adopting the above methods, the underworld organization organized a series of illegal and criminal activities such as fraud, provocation, extortion, and false lawsuits, grabbing huge amounts of illegal economic benefits, and using the illegal income obtained to provide economic support to the organization and its members .
This underworld organization has been carrying out the above-mentioned illegal and criminal activities of "routine loans" for a long period of 5 years, involving multiple municipal districts, more than 70 victims and families, causing economic losses of hundreds of millions of victims, and the target of the crime is the elderly Groups, causing some elderly victims to be displaced and homeless, seriously affecting social stability.
Among them, from April 2017 to June 2018, Lin Moumou deliberately fabricated the mortgage loan contract and the fact that the debtor defaulted in order to realize the real estate disposal of the fraudulent real estate, and filed with the people's court with a false creditor's right and debt relationship. In civil litigation, the people's court is deceived to hold a trial and make a civil judgment.
process result
人民法院依法对林某某以组织、领导黑社会性质组织罪判处有期徒刑十年，剥夺政治权利二年，并处没收个人全部财产；以诈骗罪判处无期徒刑，剥夺政治权利终身，并处没收个人全部财产；以敲诈勒索罪判处有期徒刑十一年，并处罚金人民币二十二万元；以寻衅滋事罪判处有期徒刑九年，剥夺政治权利一年，并处罚金人民币十八万元；以虚假诉讼罪判处有期徒刑六年，并处罚金人民币十二万元，决定执行无期徒刑，剥夺政治权利终身，并处没收个人全部财产。
案例分析
根据《最高人民法院 最高人民检察院 公安部 司法部关于办理“套路贷”刑事案件若干问题的意见》的规定，“套路贷”，是对以非法占有为目的，假借民间借贷之名，诱使或迫使被害人签订“借贷”或变相“借贷”“抵押”“担保”等相关协议，通过虚增借贷金额、恶意制造违约、肆意认定违约、毁匿还款证据等方式形成虚假债权债务，并借助诉讼、仲裁、公证或者采用暴力、威胁以及其他手段非法占有被害人财物的相关违法犯罪活动的概括性称谓；对于在实施“套路贷”过程中多种手段并用，构成诈骗、敲诈勒索、非法拘禁、虚假诉讼、寻衅滋事、强迫交易、抢劫、绑架等多种犯罪的，应当根据具体案件事实，区分不同情况，依照刑法及有关司法解释的规定数罪并罚或者择一重处；三人以上为实施“套路贷”而组成的较为固定的犯罪组织，应当认定为犯罪集团，对首要分子应按照集团所犯全部罪行处罚；符合黑恶势力认定标准的，应当按照黑社会性质组织、恶势力或者恶势力犯罪集团侦查、起诉、审判。
本案中，林某某纠集、指挥多人实施“套路贷”违法犯罪，行为符合《中华人民共和国刑法》规定的组织、领导黑社会性质组织罪的构成要件；在实施“套路贷”过程中诈骗、敲诈勒索、寻衅滋事、虚假诉讼等多种手段并用，行为还构成诈骗罪、敲诈勒索罪、寻衅滋事罪、虚假诉讼罪等多种犯罪，故人民法院对林某某依法予以数罪并罚。
典型意义
“套路贷”违法犯罪严重侵害人民群众合法权益，影响社会大局稳定，且往往与黑恶势力犯罪交织在一起，社会危害极大。司法机关必须始终保持对“套路贷”的高压严打态势，及时甄别、依法严厉打击“套路贷”中的虚假诉讼、诈骗、敲诈勒索、寻衅滋事等违法犯罪行为，依法严惩犯罪人，切实保护被害人合法权益，满足人民群众对公平正义的心理期待。
案例9.法院工作人员利用职权与他人共同实施虚假诉讼犯罪的，从重处罚
基本案情
2010年4月，基层法律服务工作者杨某某在协助房屋中介办理某市经济适用房买卖过户过程中，为规避经济适用房5年内不准上市交易的政策规定，找到时任某县人民法院副院长的被告人魏某，二人预谋以虚构民间借贷纠纷诉讼的方式规避政策规定，商定由买卖双方签订虚假民间借贷合同，并在合同中约定纠纷由该县人民法院管辖，在起诉状中编造当事人住址在该县的虚假内容，以该县人民法院名义出具以房抵债民事调解书，然后由杨某某带领房屋买卖双方持民事调解书办理经济适用房交易过户手续。2010年4月至2013年3月，魏某利用职务之便，伙同杨某某共同实施虚假诉讼行为，先后出具多份虚假的以房抵债民事调解书，导致多套经济适用房被违规低价过户，造成重大损失。魏某还利用职务上的便利非法收受他人财物，案发后已退缴全部赃款赃物。
处理结果
人民法院依法对魏某以滥用职权罪判处有期徒刑六年；以受贿罪判处有期徒刑十一年，并处没收个人财产人民币五万元，决定执行有期徒刑十五年，并处没收个人财产人民币五万元。
案例分析
《中华人民共和国刑法》第三百零七条之一第四款规定，司法工作人员利用职权，与他人共同实施前三款行为(即虚假诉讼犯罪行为)的，从重处罚；同时构成其他犯罪的，依照处罚较重的规定定罪从重处罚。根据《最高人民法院 最高人民检察院关于办理虚假诉讼刑事案件适用法律若干问题的解释》第五条的规定，司法工作人员利用职权，与他人共同实施虚假诉讼犯罪行为的，从重处罚；同时构成滥用职权罪，民事枉法裁判罪，执行判决、裁定滥用职权罪等犯罪的，依照处罚较重的规定定罪从重处罚。
本案中，魏某实施虚假诉讼行为时，《中华人民共和国刑法修正案(九)》尚未在《中华人民共和国刑法》中增设虚假诉讼罪，但人民法院对法院工作人员利用职权与他人共同实施虚假诉讼犯罪行为依法予以严惩的态度和决心一以贯之。故人民法院依法以滥用职权罪从重判处魏某有期徒刑六年，与所犯受贿罪数罪并罚，决定执行有期徒刑十五年，并处没收个人部分财产。
典型意义
法律是维护社会秩序、保护人民群众合法权益的公器，不是可用于谋取违法利益的工具。法院工作人员应当带头遵守法律，捍卫法律尊严。法院工作人员利用职权，与他人共同实施虚假诉讼犯罪行为，严重影响司法公正和司法权威，与其他虚假诉讼犯罪行为相比，影响更恶劣，危害更严重，必须从严追究刑事责任。人民法院始终坚持刀刃向内，坚决清除害群之马，对法院工作人员利用职权参与虚假诉讼违法犯罪的行为予以严厉打击，依法从严从重追究法律责任，该判处重刑的坚决判处重刑，切实维护司法公正和司法权威，有效遏制了此类违法犯罪行为，维护了社会公平正义。
案例10.律师多次为当事人出谋划策，共同伪造证据进行虚假诉讼并在民事诉讼中担任代理人的，构成虚假诉讼共同犯罪
基本案情
被告人杜某系某律师事务所律师。2017年至2019年间，杜某与多人通谋，先后4次共同采取伪造证据、虚假陈述等手段，捏造民事法律关系，虚构民事纠纷，并担任诉讼代理人向人民法院提起民事诉讼，致使人民法院基于捏造的事实先后作出4份民事调解书并进行强制执行。杜某通过实施上述行为，意图帮助他人规避住房限售、限购政策，实现违规办理房产过户手续等非法目的，自己谋取非法经济利益。2020年5月13日，公安机关在杜某执业的律师事务所内将其抓获。案件审理过程中，杜某自愿退缴违法所得12.5万元。
处理结果
人民法院依法以虚假诉讼罪判处杜某有期徒刑一年三个月，并处罚金人民币三万元。
案例分析
In accordance with the “Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in Handling False Litigation Criminal Cases,” Article 2, paragraph 3, a civil lawsuit was filed with fabricated facts, which caused the People’s Court to make judgments and documents based on fabricated facts. The property distribution plan, or the execution of an arbitration award based on fabricated facts, or a notarized creditor’s right document shall be deemed as “hindering the judicial order or seriously infringing the lawful rights and interests of others” as stipulated in the first paragraph of Article 307-1 of the Criminal Law.
Article 6 of the above-mentioned judicial interpretation stipulates that litigation agents, witnesses, appraisers and other litigation participants conspired with others to initiate false civil lawsuits, deliberately give false testimony, or issue false appraisal opinions, and jointly implement Article 307 of the Criminal Law 1. The acts in the preceding three paragraphs (ie, false litigation crimes) shall be convicted and punished in accordance with the provisions of joint crimes.
In this case, Du was a practicing lawyer, conspired with others, fabricated civil legal relationships, fabricated civil disputes, and acted as an agent ad litem to file a civil lawsuit with the people's court, defrauding the people's court to issue judgment documents in order to obtain illegal benefits.
Du's act of false litigation caused the people's court to issue a civil mediation statement based on fabricated facts, which has met the conviction conditions for false litigation crimes as stipulated in the Criminal Law of the People's Republic of China and judicial interpretations.
Therefore, the people's court sentenced Du to fixed-term imprisonment and fined him for the crime of false litigation.
Typical meaning
The Law of the People’s Republic of China on Lawyers stipulates that lawyers shall protect the legal rights and interests of their clients, ensure the correct implementation of the law, and safeguard social fairness and justice; lawyers must abide by the Constitution and laws, and abide by the professional ethics and discipline of lawyers in their practice; lawyers must base their practice on facts , To the law as the criterion.
As professionals engaged in legal services, lawyers have proficient legal expertise, are familiar with relevant laws and regulations and civil litigation procedures, and should strictly abide by the law.
Lawyers use their legal expertise to deliberately create and participate in false litigation, which will make it more difficult to identify the illegal crimes of false litigation and cause more serious social harm.
The verdict of this case has effectively deterred false litigation and illegal crimes. Lawyers, grassroots legal service workers and other legal practitioners must practice law in accordance with the law, conduct legal consultation, litigation agency and other business activities in strict accordance with the law, and must not know the law and violate the law or play with the justice.