"Fake"VS"False hits" See how Dongguan building"Line"

--Dongguan Third People's court in accordance with the law against false litigation case investigation

  The people's court at 2012-8-9(5Lin Yehan Feng Dingchen bell Zi Wei )

　In recent years, in view of the parties"False hits"Action lawsuit, Guangdong Province, Dongguan City People's court in the third fully perform their judicial functions, and actively explore innovative means, fully in accordance with the law"Fake"For the realization of social fairness and justice, and build a strong defense.

"Divorce cases, private lending"A false action"High incidence areas"

  To conceal the truth, fabricated evidence, false statement, not"But a lawsuit", but"Deliberately manufacturing procedure"--False litigation case has been more and more frequently in the judicial personnel's sight.

  Because of the current academic circles and judicial practice circles to define the false lawsuit behavior are not clear,Qualitative constitute what crime whether the false action constitutes a crime, the unknown,The scope of the false lawsuit behavior many free legal adjustment outside,False action was made again and again procurable, low operation cost,And become numerous enterprise or individual transfer property, debt evading, seek illegal interests"Good". This phenomenon especially in the private economy developed regions are generally larger, and the amount involved. Chen Xuejian, vice president of Dongguan Third People's court in charge of civil and commercial trial introduction, since the2009Years since its establishment, the Institute found false litigation case there is suspicion29Cases, involving up to2000Million yuan. Chen Xuejian said, the false lawsuit mainly has the following characteristics: one is the particularity of the relationship between the parties. Investigation shows that, in general, the special relationship between friends and relatives of the false litigation between the parties; two is the tacit understanding, investigate and deal with difficult. In the false litigation, in order to avoid exposing flaws, the appearance rate is low, mostly to entrust agents ad litem alone to participate in litigation, to ascertain the facts of the case the court set up obstacles; three types of cases is relatively concentrated, respectively, divorce cases, private lending disputes, contract dispute case, the execution objection. The divorce cases and folk loan disputes accounted for62%.

A case:"In debt"Or"A kite"

  2010Years9Month17Day, Xu took4IOU, came to the city of Dongguan third court, said Yang to the loan380Million yuan outstanding. This is a seemingly ordinary lending case, but to pull out of hiding behind. On the court, Yang husband Zhao argues, it is with his wife in"Divorce", Yang for the exclusive couples all the property in a divorce, and others to fabricate including this case1000A false debt million yuan. The query information case, the trial judge Luo Guangjie found, in Zhao sued for divorce, indeed there have been prosecuted Yang arrears, the total involved such as Zhao said up to 10 million huge, and time intensive, are very large single amount, continue to occur under a loan before the loan outstanding cases, and are cash on delivery, are the only lenders and yang two people present, use is also simply described for business turnover, do not require any collateral and guarantees. Through the various links, detailed review loan rigorous argument is reasonable, combined with relevant evidence to the contrary, the hospital finally determine the false litigation, does not confirm the authenticity, legitimacy borrowing parties argued, rejected the claim."In divorce cases, often there will be a lot of'Flying'Debt, the debt, the other party is often said did not know. The court in protecting the legitimate rights and interests of both parties at the same time, also should avoid false debt malicious litigation divorce party legitimate rights and interests of damage."Luo Guangjie said. In addition to the presence of divorce party fictitious debt for the property of the other party case, couples to divorce, is the transfer of property cases are not uncommon.

Case two:"To loan"Or"Gambling debt"

  In addition to divorce cases, private lending disputes because of basic legal relationship lending relationship varied and easy fabrication,"IOU","IOU"Evidence and is easy to be forged, become false litigation"High"The case. A tribunal of the people judge Chen Ling in the case of the trial found that the parties to recover"It is called borrowing, debt"Situation. Plaintiff Yemou is online Liuhe color line, the defendant Huang Liuhe color lost because of gambling40Million yuan after being unable to pay, Yemou beating stress write60Million iou. After Huang told the police station. Fortunately, the judge asked Huang driving out the above facts. The survey found to the police station, Chen Ling Yemou has in the police station inquiry transcripts that opened Liuhe color and beating Huang and let him write debt fact. Chen Ling said, according to the law, the Borrower Lender that is to engage in illegal activities and borrowing, the lending relationship is not protected by law. Therefore, some gambling banker often attempt to which this legal form to cover up illegal purpose the chase to gambling debts. While the party because of no evidence or worry about the revenge, had to admit that borrowing, leading to become legalized gambling debt.

Four note"The combination of boxing"Crack"False action"

  False action not only hinders the normal order of the trial, but also easy to make the court from the original rights activists to infringe upon the legitimate rights and interests of the"An accomplice", the judicial authority and the social fairness and justice of damage. In this regard, Dongguan city court by thirdA suspected case reporting system, strict censorship, innovative use of polygraph technology, strengthen guidance and good faith lawsuit measures, play against"The combination of boxing"Occurrence, effectively curb false litigation.

Boxing: Bulletin cases through a trick

  2010Years4Month, Dongguan Hengli Town, Ms. Zhu is divorced and her husband, she beat all of her sister-in-law, even on the court said his brother in the purchase of real estate to the still owe50Million yuan has not yet, believe this is a common debt brother sister-in-law couple, Ms. Zhu should also bear. Ms Zhu's husband in the respondent, said his sister said is true. The judge felt something was wrong, not rashly condemned. Considering our country law bear joint liability couples usually deal with matrimonial debt, the matter concerns Ms Zhu's vital interests, Yang the judge case notification to Ms. zhu. Ms. Zhu puncture a fallacy with one remark, she issued IOUS is false, housing is a voluntary gift, two siblings but collusion attempt to her to cover half of the debt. After the court through comprehensive investigation, confirm the arrears are fictional. "False action often because the outsider participation and defense and to see through", Chen Xuejian said, by establishing the false lawsuit suspected case reporting system, found in the case of damage to other interests. During the trial, the collegial panel will take the case to the stakeholders informed, when necessary, notify them to take part in the action, which can often make false litigation to succeed.

Two: a critical review discard the false and retain the true boxing

  In the folk lending case, direct evidence submitted by the parties are generally"IOU", for a true or false, the judge is often difficult to distinguish. In this regard, Dongguan city of the third court established a strict review system in civil and commercial trial. In the case of the trial, especially the debt disputes, require the parties to produce the original proof of authenticity, legitimacy and the evidence critically review evidence sources of. "Through the strict examination, one one for the time, place, reason, purpose, payment methods, payment basis as well as the creditor economy debt produces, fictional facts of the case the parties is easy to expose weaknesses in court."Chen Xuejian said. In addition, the school also entrust professional institutions, on suspicion of forgery proof"IOU"Judicial identification, by the means of science and technology. Such as Xu v. Yang owed tens of millions of money lending cases, the trial judge is through judicial identification, draw a formation time and badging time inconsistent conclusions, to further expose the parties colluded fabricated lies.

Three: with the help of polygraph with boxing

  41Million in debt is there also? Both parties of a hand holding a receipt, said borrowing has also, a receipt is false, money didn't also. In the trial of a cause for sale contract dispute cases, Dongguan City, third court two people court judge Liu Chuanfei will encounter the situation. The parties each sticks to his argument, which are true or false, it is difficult to define. In this regard, the first use of polygraph technology, identification of the case to both parties, and the court's examination of polygraph conclusion. The identification results show that, there is a party in a lie. With the help of Polygraph Conclusion, the final judgment against the liar. "In the simple case, and the parties on whether repayment problems each sticks to his argument, the contradiction between a true false, in the existing evidence can not prove the facts of a case one hundred percent cases, we will consider the suggestions that both parties make polygraph examination."Liu Chuanfei said. 2009Years, the school of civil and commercial cases lie7Zong, in particular to a contract for the sale, borrowing, unjust enrichment, which as the reference is4Zong. "We take the Polygraph Conclusion in civil trial practice, not the direct basis of the referee, but the auxiliary case, the judges'Proof'Give a clear signal, help in reviewing the evidence, judge."Liu Chuanfei told reporters.

Style four: integrity prevent trouble before it happens

  2012Years6Month11DayA court in Dongguan City, third people officially started the trial court"A case of a commitment to a prompt"System. In the case of the trial, the court clerk prompting into"A case of a commitment to a prompt"Link, the presiding judge or contractors who read commitment and prompt content. Subsequently, the link to the court records, after the trial, the parties signed and confirmed in the trial transcript."Integrity prompt for each case in a ceremonial manner, to guide the parties and agents ad litem, conscience, integrity, the weight of evidence, in accordance with the law, consciously support justice."Chen Xuejian said, if in the case of the trial found that the parties have suspected false litigation, courts will make the commitment or making a record,And inform the legal consequences. For some serious, bad influence and be suspected of crime of false litigation case, will be held criminally responsible person. In addition, the school also actively carry out the register warning system, good case review, take the initiative to inform the legal consequences of the false litigation, litigation guide parties integrity. At the same time, the parties and their agents involved in false litigation, once verified, will be included in the false litigation"Black list".

Strengthen discipline, strengthen the consciousness of--Government"False action"Still need regulation

  Although the court is to increase exploration efforts, take various measures to deal with the false litigation, but in judicial practice, the people's court is still facing prominent problems.

  Chen Xuejian said, at present fine amount to prevent acts of civil litigation in China for personal1Million yuan, the unit fine amount30Million yuan, but because of the false litigation often involves the subject of real estate, economic contract cases, the punishment is obviously not enough. At the same time, the punishment for counterfeiting, destruction of important evidence, and by means of violence or threat, witnesses and other methods to prevent or instigating, coercing others to commit perjury provisions two acts of punishment, but for the parties malicious damage behavior of the third people still lack.  "Can say, the false lawsuit behavior basically is outside the legal liability system, easy to start, low cost has become an important cause of the phenomenon of false litigation."Chen Xuejian confessed."Hope to perfect the legislation to strengthen the regulation of the false action. The circumstances are serious, bad character, influential cases, the parties to the litigation fraud provisions of criminal punishment."According to the related experience in dealing with the false litigation, the justices Zhang Ying think, although the false lawsuit means diversity, form concealed, but not untraceable. She suggested: on the one hand, the judge should carefully review the cases of whether there is infringement case rights situation or may, pay attention to personal relationship in the case of both parties and interest related real, carefully review, verify the relevant evidence; on the other hand, we should strengthen the exchange of experience and business senior judge young judge, through regular meetings conference, typical case analysis and so on, form of expression, identification techniques further summarizes the false action, enhance the judge of the false action characteristics and hazard awareness. At the same time, Zhang Ying said, although the false lawsuit legal issues, but also social problems. To deal with false litigation, law is not a panacea."Strengthening the citizen moral self-discipline, and guide people to establish a correct concept of value, not abuse of procedural rights, promoting the construction of social credit system, as well as law enforcement departments and the government responsibility."