China News Service, November 9th. On the 9th, the Supreme People's Court officially issued the "Opinions on Deepening the Work of Remediation of False Litigation" (hereinafter referred to as the "Opinions").

He Xiaorong, vice president of the Supreme People's Court, said at a press conference that Articles 11 to 15 of the "Opinions" stipulate requirements for the rectification of false litigation prone areas such as enforcement objections, private lending, and housing sales contracts.

It stipulates that in order to circumvent the regulation policy and other illegal purposes, fictitious house purchase contract relationship should be found to be invalid if the contract is fictitious; if fictitious house purchase qualification participates in the judicial auction of real estate, the auction should be invalidated.

  He Xiaorong pointed out that false litigation undermines social morals, hinders fair competition, undermines judicial authority, and hinders the establishment of the rule of law. The social impact is very bad.

Since the 18th National Congress of the Communist Party of China, the Supreme People's Court has taken various measures to rectify false lawsuits, and has mainly carried out the following three aspects:

  The first is to establish and improve the system and mechanism to rectify false lawsuits.

In response to the characteristics of false litigation in different periods, the Supreme People’s Court has successively issued urgent notices to strictly review various types of false litigation under the real estate control policy, formulated guidance on preventing and sanctioning false litigation, and further strengthened the opinions on the punishment of false litigation crimes, and issued civil Normative documents such as judicial interpretations of the procedural law, judicial interpretations of private lending, and judicial interpretations of handling false litigation criminal cases, have guided courts across the country to actively and orderly carry out the rectification of false litigation.

  The second is that a large number of false lawsuits have been investigated and dealt with.

From 2017 to 2020, courts across the country investigated and dealt with a total of 12,300 false lawsuits. Among the 63 series of false lawsuits filed by Heilongjiang Hongji Milan Real Estate Development Co., Ltd. for execution objections, all were punished and fined a total of 63 million yuan; the trial was concluded. There were 2,079 criminal cases involving false litigation, and the number of cases has increased sharply year by year, including a series of major cases including Lin Moumou colluding with a notary to defraud the elderly real estate "routine loan" involving gangsters, and Yu Moumou's extraordinarily large "Internet routine loan" project. Protected the legitimate rights and interests of the people.

  The third is to explore and accumulate useful experience in rectifying false lawsuits.

The Supreme People’s Court promotes a case-filing assistance system in courts across the country; Zhejiang court establishes a “blacklist” and “yellow list” for false litigants, and grants 3 to 5 years of credit punishment; Jiangsu High Court develops an intelligent early warning system for false litigation, making full use of wisdom The results of court construction have improved the quality and effectiveness of rectification; courts in Beijing and other places have used small cases to tell the truth and promote the integrity of litigation by publishing typical cases and inviting comments from people's congress representatives.

  With the economic and social development and the strengthening of the people’s courts’ rectification, false litigation has also shown new characteristics and new tricks. , Criminal Law, Civil Procedure Law, etc., formulated the "Opinions."

  According to He Xiaorong, there are 24 articles in the "Opinions", which mainly stipulate the following six aspects:

  The first is the overall requirements of the work.

Article 1 of the "Opinions" emphasizes that the rectification of false lawsuits is the political, legal and social responsibility of the people's courts. We must continue to increase the efforts to rectify false lawsuits and vigorously promote the core socialist values ​​of honesty and trustworthiness.

  The second is to strengthen screening and investigation.

False litigation is extremely concealed, and how to identify it is very important.

Articles 2 to 4 of the "Opinions" stipulate which circumstances are false litigation, and provide a "standard" for identifying false litigation; summarize the eight characteristics of false litigation and provide guidance for identifying false litigation; list ten common false litigations The litigation has drawn a key point for the rectification of false litigation.

Articles 6 to 10 of the "Opinions" have established a false litigation rectification mechanism that runs through the entire process of case filing, trial, and execution.

It is necessary to strengthen the early warning of filing a case, and if suspected of false litigation is found, both the perpetrator shall be warned and reminded, and the case handling personnel shall be marked and reminded to strictly control the entrance of the case; strengthen factual investigations, through ex officio investigations, evidence collection, and strict investigation of mediation agreements, etc. The method is to strictly control the facts of the case; strengthen enforcement review, focus on investigating and punishing false lawsuits in the implementation of objections, reconsiderations, participation in distribution and other procedures, and control the export of cases, and strive to prevent a false lawsuit from entering and ensuring that a false lawsuit is not allowed to go out.

  The third is to rectify false lawsuits in key areas.

Articles 11 to 15 of the "Opinions" stipulate the requirements for the rectification of areas prone to false litigation such as enforcement objections, private lending, and housing sales contracts.

From 2017 to 2020, the average annual growth rate of false lawsuits in the investigation and handling of enforcement objections is as high as 61.11%.

The "Opinions" require strict review of the entire case evidence of the enforcement objection, prudent treatment of the parties' self-confession, and prevent the parties from malicious collusion to evade enforcement.

Private lending has always been an area where false lawsuits are prone to occur frequently.

In 2020, 1772 cases of false private lending disputes were investigated and dealt with, accounting for 53.09% of the civil false lawsuits investigated and dealt with.

The "Opinions" require strict review of illegal acts of fictitious borrowing and inflating principal through recurring transfers, "head-off interest" and other methods, and strictly abide by the upper limit of judicial protection of private lending interest rates.

In recent years, the phenomenon of evading housing purchase and sales restrictions through false lawsuits has risen.

The "Opinions" stipulate that in order to circumvent the regulation policy and other illegal purposes, the fictitious house purchase contract relationship should be deemed as invalid if the contract is falsified; the fictitious house purchase qualification shall be deemed invalid when participating in the judicial auction of real estate.

  The fourth is to strictly pursue criminal responsibility.

The "Opinions" put forward three requirements for the punishment of criminal offences involving false litigation, including the overall strictness, the focus of the crackdown, and the coordination between criminals and the people, and the rigorous investigation of the criminal responsibility of the perpetrators of false litigation; The situation of high-pressure and severe crackdown; to do a good job of criminal and civilian coordination in information communication, clue transfer, false investigation and correction, etc., not only to combat false litigation, but also to relieve the rights of victims in accordance with the law.

  The fifth is to strengthen team building.

Blacksmith need its own hardware.

The key to rectifying false lawsuits is to create a loyal, clean, and responsible court team.

The "Opinions" require that various economic and social policies be organized in a timely manner, and judges’ judicial ability to detect and deal with false litigations should be improved through case analysis, business exchanges, and judge training; strict implementation of the judicial responsibility system, adherence to the cutting edge, and participation in false litigation The court staff of the courts shall be dealt with strictly in accordance with regulations and disciplines, and the court staff who use their powers to jointly commit false litigation crimes with others shall be severely punished in accordance with the law.

  The sixth is to carry out systematic rectification.

False litigation is a concentrated manifestation of social dishonesty and requires systematic governance.

The "Opinions" require people's courts at all levels to strengthen communication and cooperation with various political and legal units to form a joint rectification; make full use of the achievements of smart court construction, strive to connect with the information database of credit reporting agencies, explore the construction of a false litigation "blacklist" system, and help social credit System construction; strengthen the publicity of the rule of law by means of case interpretation, risk warning, etc., to cultivate honest and trustworthy social customs.

  He Xiaorong said that in the next step, the Supreme People’s Court will formulate a series of judicial interpretations and judicial policies to further rectify false litigation, further tighten the system’s cage, reduce the space for false litigation, and achieve both symptoms and root causes of false litigation. Make due contributions to the construction of a country ruled by law.

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