Falsification of evidence should be a civil case to hamper the civil litigation shall
Created:
/Author:
Aaron Lewis
Falsification of evidence should be a civil case to hamper the civil litigation shall be punished
-The sale contract dispute case housing the defendant in court as evidence of no
Today in the office, my colleagues to pass a judgment that I read, a glance at the judgment, is a housing sale contract dispute cases.Because the relevant files did not see, did not participate in the court, the judgement on the cognizance of the fact I don't know whether the controversial.If the judgment that is controversial in the facts of the case, then the law must be controversial.So in no case law to hear of the case and the case in court, only to see a few times judgment, opinion also dare not immediately to the adjudication of the case.
But the ruling a scene in the book that caught my attention.The verdict in lawsuit, the plaintiff (my colleague is the plaintiff) filed a lawsuit, the defendant a plaintiff collection of evidence, stated above the amount is21Million yuan, the court does not recognize, think the money is not charged, the file's signature and fingerprint are not recognised.The defendant insisted the receipt of handwriting and the defendant signed, fingerprint is the plaintiff I na.The only way this time is to be identified.The plaintiff applies for the text of the signature on the judicial authentication documents of identity.The defendant was applied for judicial identification of fingerprint identification, the plaintiff paid the fee3200Element.The identification result is a signature on a file and not the plaintiff signed, fingerprint is not the plaintiff leave.A trial judge according to the above through the identification of the facts ascertained in the judgment of the defendant the plaintiff made an advance appraisal cost decision.
In this case the defendant's behavior is clearly falsified evidence in civil proceedings, judicial sanctions shall be in accordance with the provisions of the civil procedure law in accordance with the law.I'll ask my colleagues, whether the court in this case the defendant makes a fine or detention?But he told me so far has not been informed of the court the defendant in this case had any punishment court.I feel puzzled, because in accordance with the provisions of the civil procedure law "article" in article 102nd:"Lawsuit participates in a person or other person commits any of the following acts, the people's court may impose a fine, according to the seriousness of the detention; constitutes a crime, shall be investigated for criminal responsibility according to law: (a) forgery, destruction of important evidence, hinder the people's court cases;"In the case of the plot, because of false evidence provided by the defendant, must pass through the identification, spent some time, resulting in a trial was delayed for a long time, and returned to the plaintiff to bring a lawsuit, be paid3200Appraisal cost element, also don't know whether I can get through the implementation of procedures.I personally think that the combination of the perjury plot and brings to the normal procedure of malicious obstacles, I personally think that should at least give the fine processing.But the court of first instance has never been as, at the falsification of evidence in civil proceedings, with the seventeen session of the six plenary session proposed "on the construction of social honesty" is the spirit of the opposite.
If any party to a civil action in the lawsuit willfully falsifying evidence, then the ultimate victims is not only the court and litigants, but the entire society.Because of this practice would increase the action the other party litigation costs, also delayed the proceedings.Not only may cause significant loss of one of the parties, but also because the incorrect adoption of false evidence, inaccurate.Damage to the court's judicial authority, the civil rights and interests of the other party's infringement case.And ultimately hurt the community as a whole.So I personally think that to effectively curb in civil litigation evidence situation occurs, the legally recognized as false evidence system, shall be in accordance with the law, strictly enforce the falsification of evidence of one of the parties in civil procedure law related to hinder the civil procedure rules, depending on the circumstances of severe fines or detention, to the flood of illegal behaviors, to better protect the legitimate rights and interests of justice and litigation participants.