The economic losses of the victims amounted to hundreds of millions in 5 years

The Supreme Law issued a typical case of rectification of false litigation

  □ Our reporter Zhao Jie

  In order to further strengthen the rectification of false lawsuits, purify the litigation environment, enhance judicial credibility, and promote the establishment of a social credit system, the Supreme People's Court has recently publicly released 10 typical cases of rectification of false lawsuits.

Zheng Xuelin, chief of the First Civil Division of the Supreme People's Court, introduced typical cases of civil false litigation; Ye Shaosheng, deputy chief of the Fourth Criminal Division of the Supreme People's Court, introduced typical cases of criminal false litigation.

Severely crack down on illegal and criminal "routine loans" in accordance with the law

  【基本案情】 2013年9月至2018年9月,被告人林某某通过其实际控制的两个公司,以吸收股东、招收业务人员等方式发展组织成员并大肆实施“套路贷”违法犯罪活动,逐步形成了以林某某为核心的层级明确、人数众多的黑社会性质组织。林某某主导确定实施“套路贷”的具体模式,策划、指挥全部违法犯罪活动,其他成员负责参与“套路贷”的不同环节、实施具体违法犯罪活动、以暴力和“软暴力”手段非法占有被害人财物,并长期雇佣某律师为该组织规避法律风险提供帮助。该黑社会性质组织及成员实施“套路贷”违法犯罪过程中,以办理房屋抵押贷款为名,诱使、欺骗多名被害人办理赋予借款合同强制执行效力、售房委托、抵押解押的委托公证,并恶意制造违约事实,利用公证书将被害人名下房产过户到该黑社会性质组织或组织成员名下,之后再纠集、指使暴力清房团伙采用暴力、威胁及其他“软暴力”手段肆意占用被害人房产,通过向第三人抵押、出售或者与长期雇佣的律师串通、合谋虚假诉讼等方式,将被害人房产处置变现以谋取非法利益,并将违法所得用于该黑社会性质组织的发展壮大、组织成员分红和提成。该黑社会性质组织通过采取上述方式,有组织地实施诈骗、寻衅滋事、敲诈勒索、虚假诉讼等一系列违法犯罪活动,攫取巨额非法经济利益,并利用获得的非法收入为该组织及成员提供经济支持。该黑社会性质组织在长达5年的时间内长期实施上述“套路贷”违法犯罪活动,涉及多个市辖区、70余名被害人及家庭,造成被害人经济损失高达上亿元,且犯罪对象为老年群体,致使部分老年被害人流离失所、无家可归,严重影响社会稳定。其中,2017年4月至2018年6月间,林某某为将诈骗所得的房产处置变现,与他人恶意串通,故意捏造抵押借款合同和债务人违约事实,以虚假的债权债务关系向人民法院提起民事诉讼,欺骗人民法院开庭审理并作出民事裁判文书。

  The People’s Court sentenced Lin to 10 years in prison for organizing and leading a triad organization, two years of deprivation of political rights, and the confiscation of all personal property; the crime of fraud was sentenced to life imprisonment, deprivation of political rights for life, and confiscation of individuals. All property; sentenced to 11 years imprisonment for the crime of extortion and 220,000 yuan in fines; 9 years in prison for the crime of provocation and provocation, deprived of political rights for one year, and fined 180,000 yuan; The crime of false litigation was sentenced to six years in prison and a fine of RMB 120,000. It was decided to execute life imprisonment, deprived of political rights for life, and confiscated all personal property.

  In this case, Lin collected and directed multiple people to commit illegal crimes of "routine loans", and his behavior complied with the elements of the crime of organizing and leading underworld organizations stipulated in the Criminal Law of the People's Republic of China; fraud in the process of implementing "routine loans" , Racketeering, quarreling and provoking quarrels, false litigation and other methods, and their behavior also constitutes fraud, extortion, quarreling and provoking quarrels, false litigation and other crimes. Therefore, the people’s court imposed several crimes on Lin Moumou in accordance with the law. Penalty.

  [Typical Significance] The illegal crimes of "routine loan" seriously infringe upon the legitimate rights and interests of the people and affect the overall stability of the society. They are often intertwined with criminals and evil forces and cause great social harm.

The judiciary must always maintain a high-pressure and severe attack on "routine loans", promptly identify and severely crack down on false lawsuits, fraud, extortion, and provocation of disturbances in "routine loans" in accordance with the law, severely punish criminals in accordance with the law, and effectively protect victims The legitimate rights and interests satisfy the people's psychological expectations for fairness and justice.

Being sentenced to a penalty does not exempt him from civil liability

  [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 It also falsely mortgaged the company’s main assets such as machinery and equipment 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.

In the meantime, 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 the 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.

  The court found that Shao and Fu should be jointly liable for damages due to a joint infringement, and ruled that Shao should compensate company A’s creditors with more than 2.22 million yuan, and the compensation shall be included in the property of company A.

  [Typical meaning] The damage caused by 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 request false according to the relevant provisions of the Tort Liability Law of the People’s Republic of China The litigation actor shall bear 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 will come 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.

Fictitious labor claims to defraud compensation for demolition

  [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 wage 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 the two parties had reached a settlement agreement on their own before the court.

The people’s court found out after trial: 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 demolition as possible. Zhang and Chen , Huang agreed that Chen and Huang should file a false lawsuit against Company A.

All litigation matters are handled by Zhang, and the salary settlement agreement is also drafted by Zhang.

  The court ruled in accordance with the law to dismiss 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 investigation authority.

  [Typical Significance] 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 its 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 This damages the authority of the judiciary and the public interest. Judicial organs must promptly identify and punish such false litigation activities.

Litigation is not a trifling matter. 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.

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