(Express delivery of the National People's Congress) Long Xiang, deputy to the National People's Congress: Beware of the proliferation of "fake lawsuits" in "routine loans"

　　China News Service, Beijing, March 7 (Reporter Shen Ran) At the National People’s Congress this year, Long Xiang, deputy to the National People’s Congress and director of the Standing Committee of the Nanjing Municipal People’s Congress, called for a unified standard for identifying false litigation and granting the procuratorial authority to direct investigation of false litigation crimes. organ.

He hopes that the judicial organs and all sectors of society will pay close attention to this social problem with far-reaching harm, wide impact, and frequent occurrence.

　　Encourage college students to borrow "campus loans", use forged IOUs to take the victimized college students to court, and compulsory repayment; "black bosses" use false lawsuits to cover up the illegal high interest rates of "routine loans", forcing, defrauding, and illegally occupying the victims Huge amount of property...

　　In recent years, judicial organs have discovered that false litigation cases are showing a high incidence in case trials.

In particular, “unilateral fraud” type of false litigation is high, and it uses the “blank” of the current legal and regulatory standards to become an important type of false litigation.

　　False lawsuits are commonly known as "fake lawsuits", which are manifested in the fact that the parties fabricate the facts of the case, or fabricate legal relationships, or fabricate litigation evidence, concoct fake cases and false litigation, and are generally divided into "unilateral fraud" and "two-party collusion". Types of.

　　"During the investigation, we found that in the judicial practice of various regions, whether'unilateral fraud' is recognized as a false lawsuit is not uniform." Long Xiang introduced, which has caused the current rampant "routine loan" false lawsuits in some places. The courts can "take advantage of the loopholes."

　　For example, the Nanjing City Procuratorate has found a series of fraud cases involving false lawsuits from a series of criminal cases of "campus loan" crimes against college students.

Criminals trick college students into signing a loan contract that far exceeds the actual loan amount; create IOUs and receipts that far exceed the actual loan amount; and let the debtor hold IOUs and receipts that far exceed the actual loan amount to take photos.

Using the so-called "evidence" produced, 48 civil lawsuits for private lending were filed, and 48 college students were brought to court, demanding repayment of more than the actual loan amount.

The court determined the loan relationship based on the evidence and supported the criminals' false claims.

　　The procuratorial organ re-examined the litigation files of the series of cases and found that the amount of borrowed money in the evidence was seriously inconsistent with the actual amount of borrowed money, and they were all “evidence” maliciously created to realize the crime of “routine loan”.

After procuratorial organs submitted retrial prosecutorial recommendations, the court finally retrialed the series of cases, dismissed the prosecution, and imposed penalties on criminals who carried out "routine loans + false litigation" in accordance with the law.

　　"Until the retrial is concluded, the judicial organs found that there are still 19 college students who were killed on the list of untrustworthy persons whose study, life and employment have been greatly affected. It can be seen how much damage this type of case has done to the victims." Long Xiang I told reporters that this type of case is no longer an isolated case, and the harm is becoming more and more serious.

For example, in the case of "Xuzhou Zhou Xia and other triad organizations" supervised by the National Anti-gang Office, Zhou Xia and others used false lawsuits to violently coerce and defraud the victims to occupy hundreds of millions of yuan in property.

　　The state and local governments have continued to intensify their efforts to combat false lawsuits.

According to the work report data of the Supreme People’s Procuratorate, in recent years, procuratorial organs across the country have carried out special supervision of false litigation in areas such as private lending, corporate bankruptcy, house sales, and well-known trademark identification. In 2019 alone, a total of 3,300 false lawsuits were corrected and 1,270 people were prosecuted. , The number increased by 122.4% and 154% year-on-year respectively.

　　Long Xiang believes that the "re-mediation and re-closing rate" of civil litigation, the inconsistent identification of false litigation standards, judicial corruption as a "protective umbrella", and insufficient coordination between civil supervision and criminal strikes are the main reasons for the high incidence of false litigation.

　　Long Xiang suggested that an explanation be issued at the national level as soon as possible to unify the criteria for identifying false litigation, clearly identify unilateral fraudulent false litigation as false litigation, and assign the jurisdiction of the crime of false litigation to the procuratorial organ at the same time.

In this way, on the one hand, the criminal prosecution and civil prosecution of the procuratorial organs can cooperate with each other and strengthen the crackdown.

At the same time, the phenomenon of judicial incorruptibility behind false lawsuits can be discovered in time, and the procuratorial organs also have the basis for exercising investigative powers for criminal acts that damage judicial justice and other crimes committed by judicial staff using their powers.

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