From the false litigation cases reflect, false litigation case has the following characteristics:

1The types of cases, to property disputes.False litigation case our province court identification, types mainly concentrated in property disputes, labor disputes, recourse loan disputes and cases of property disputes, in the divorce dispute is manifested as fictitious debt against the spouse property or debt. False litigation essence of our province court recognition are economic interests conflict, these false litigation parties aim to obtain illegal property interests through litigation, such as transfer of property, debt evading, appropriation of property rights or evade taxes.

2The facts of the case, the litigant say false.Compared with the real action, false action is a party to the legal relationship, the fictional fabricated the facts of the case of litigation, litigant lawsuit said false facts is false, no civil claims between the parties, not the establishment of civil legal relationship claimed, in fact there is no dispute. A party of false litigation and real action for judgment and fabricating facts, forges evidence is different, there is a substantial relationship between the parties against the latter, controversy exists.

3Malicious use of evidence, confession rules, many by mediation.In the case of 76 .4% series, by mediation of false litigation in our province court recognition. In order to achieve the purpose of false illegal, the case of the parties to submit to the court evidence form usually meets several provisions of the Supreme People's court "about civil action evidence". In order to obtain the desired verdict, false lawsuit parties recognized each other more evidence or claimed facts, malicious use evidence admission rule lure court adopt the evidence, the facts wrong wrong. The false lawsuit mediation enthusiasm is high, often show "one is willing to fight, willing to endure a" situation, the court is easy to promote mediation.

4The parties, interests, the lack of substantive litigation defense.False litigation against surface in position, common interests in fact often exist, the parties are close relatives, friends, or affiliated enterprises, subordinate units, or even the same subject. Because the parties do not have a conflict of interest for real, litigation does not usually exist in the fierce confrontation scene, the parties do not generally make the defense or not make substantive defense, defense or on the surface, but does not provide evidence for its defenses, leading to the court to the other favorable judgment. In practice, the false litigation parties collude with each other, using various means of fictitious facts, evidence, or malicious use of rules of evidence as evidence or fact, misleading to judge wrong judgment.

Wang YuanzhongThe National Excellent Law Firm lawyerTelephone: 15216416626; mailbox:Kenwang1204@163.com