The main manifestations, false litigation problems

1The divorce litigation, a party to the defendant's loan disputes.

In the divorce cases with false action a transfer of property, property division phenomenon is relatively common escape. This kind of false litigation is in the divorce proceedings, the spouses to forge a outsider, loan agreement and other evidence of fictional conjugal debt, consists of an outsider to the plaintiff be prosecuted, the transfer of property by the judicial power. Another more subtle ways is the person directly in the divorce proceedings to the court to provide time during the marital relationship with the case of external creditors IOUs, advocate for the conjugal debt. There are many such a creditor and spouse parents, siblings and other relatives.

2Association between enterprises in false action, transfer of property or seek illegal interests.

Shenzhen Futian court trial together with the real estate disputes, contract disputes plaintiff Shenzhen time trillion industry Co Ltd v. the sale of Shenzhen offshore investment limited case, please confirm the order: the original told the plaintiff and the defendant signed the "real estate sale contract" effectively; the defendant to perform "book" real estate sales contracts duty, completed the two story building (located in Shenzhen city Futian District Qiaoxiang road B4015 were within) commercial housing "property card", and transfer to the name all the formalities. Through investigation, land use the property is located for the industry, property for their own use, and shall not transfer in the real estate business; real estate where the parcel has handled the initial registration of land use rights, human rights of the defendant, mortgaged to the City cooperative banks Huaqiang branch, have been seized in Shenzhen Luohu District people's court; the property did not apply for registration. And in this case the plaintiff to the defendant shareholder, the proportion of investment accounted for 90%. The trial, defendant. According to the characteristics of the case, have great false litigation. The institute according to the "Regulations" real estate management law of the people's Republic of China City Housing thirty-seventh, failure to obtain the certificate of ownership of real estate, the provisions shall not be transferable, judgment, the defendant signed the book "original" real estate sales contracts agreed transfer did not obtain housing ownership certificate, which violates the law, administrative rules and regulations mandatory provisions, the contract is null and void, dismissed the plaintiff's claim.

3The person subject to enforcement action, the use of false transfer property, escape execution.

Shenzhen Futian court Fu Shengling plaintiff defendant Bai Gang student housing ownership confirmation dispute case, involving property in the name, the plaintiff to himself as the actual human capital, by requesting confirmation of the property to the plaintiff, the defendant to the plaintiff claimed no objection. But the court found that the implementation process involving property for an outsider for the accused Bai Gang damage compensation disputes in Guangdong Province has been sealed Luhe County People's court. In this case the parties have an attempt to transfer the debtor's property. Hence the case for the execution objection is to transfer the case to the inland county people's court.

4Real Estate Company signed false, real estate sales contracts and related persons, remove false contracts with false litigation.

The Shenzhen City Lvjing Real Estate Development Co. v. the European Zhuobang housing sale contract dispute case, the original tell please lift between the two sides of the housing sales contracts, rescission of record, and will be the property to the plaintiff. The defendant to the plaintiff's fact and reason, no opinion, agree with the plaintiffs request.

Such cases have occurred from 2004 to 2007, its characteristic is the Real Estate Company and to the Land Bureau for new projects in the pre-sale stage and internal employees signed commercial housing pre-sale contract, making the real estate market false prosperity, after the real estate prices, and then through the false litigation and employee to terminate the contract for the sale of real estate, to high priced sales related real estate. In the process of the proceedings, the plaintiff to provide evidence is very simple, the defendant appeals to the plaintiff without any objection, the active request mediation. But for this kind of false litigation case, because no evidence is found, only the law could support the plaintiff's claim.

5To avoid legal obligations, to false litigation.

The defendant will all of its housing mortgages to others, then with the plaintiff signed false lease contract, will be rental housing to the plaintiff. When implementing the mortgage right of the mortgagee requests, told to the original court, requesting confirmation of the lease contract, can continue to live in the house.

Through investigation, after the signing of a lease contract with the time set in the mortgage, and the agreed rent is lower than the market price, the lease period is very long, so the case could be the defendant and the plaintiff to suit with the implementation of collusion by the lessee the right against the mortgage right. According to the judicial interpretation of the Supreme Court, the lease contract is set up in the mortgage was signed, not against the mortgage, so the case dismissed the plaintiff's claim.

6The use of false litigation, implementation of corruption, infringement property crime.

This kind of false action in criminal cases. One (2007) deep Fu method people in early two No. 2517th cases, Guangxi Beihai plastic factory director Si Xuequan with Wu Hailing signed false contracts, agreed to the factory stock returns 30% for Wu Hailing's stock operation cost. After Wu Hailing filed a civil lawsuit to the court, requesting confirmation of registration in third under the name of the shares belonging to the defendant Beihai plastic factory, and requests the defendant Beihai plastics plant will be the stock of 30% a total of 557321.7 shares (value 3455394.54 yuan) to complete the transfer and all the transfer shall pay to Wu Hailing. Proceedings in this case, Beihai city Yinhai District People's Procuratorate in 2008 January to Si Xuequan and Wu Hailing suspected of corruption investigation. Then according to the "Regulations" the Supreme People's Court on the trial of cases of economic disputes involving suspected economic crimes of the provisions of article twelfth, the relevant case materials to the hospital. Guangxi Beihai city Yinhai District People's court sentenced Si Xuequan to three years in prison, four years probation, Wu Hai Ling in prison for a year, a year of probation.

In 2009, the crime of fraud sentenced two to false litigation to infringe upon the property of the defendant in prison. In mid April 2008, the accused He Juan Li stored in the name of the deposit 220000 yuan of illegal possession, together with his brother accused He Jian forged a $250000 iou. Then, He Jian holds the IOU to the courts to loan dispute, request ordered He Juan to return 250000 yuan loan. In April 17th the same year, both sides reached a conciliation agreement, sure he juan in 2008 April 20 days prior to the new health payment 220000 yuan, thus making the civil mediation. After he Jian for compulsory execution. In May 30, 2008, according to He Jian provide clues to deduct the he juan account 220200 yuan. The next day, the victim Li Mou puts forward the objection and the alarm to the public security organs, after the public security organ for investigation after the criminal prosecution by procuratorial organs.

Two main reasons, lead to false litigation

1, in civil proceedings the lack of the prevention and combating of false action measures.The parties filed false action is mostly to seek illegal interests for the purpose, but false litigation cost is low, and can not be held responsible, even if found, rarely subject to legal sanctions. In general case, the court can only make a negative evaluation to reject the request for litigation and litigation costs incurred by the judge, even suspected false litigation, also difficult to forensic investigation. "False litigation" behavior in general can only be characterized as obstruction of Civil Procedure Act, which sanctions have admonished, warnings, fines and other. A serious imbalance of income and cost, contributed to the behavior of people in order to obtain illegal interests, bad attempt to adopt various means to create false litigation.

2, false action is against the shortage of remedy.China's existing civil law and related laws and judicial interpretations, special provisions were not made to the false action, but not defined it as tort behavior, leading to the other party or third party victims of the lack of judicial remedy, not directly to the court of tort litigation to obtain the corresponding compensation, but also reduces the economic cost the occurrence of false litigation, contributed to a false litigation. False litigation cases in most cases are caused by collusion between the parties based on, there is generally no appeal may be. Judgment errors found, largely dependent on the case and the results are interested parties of the accused and the initiation of retrial procedure. But the "Civil Procedure Law" does not give false litigation against outsider to proceedings and apply for a retrial, namely according to the provisions of the current "Civil Procedure Law", be against the outsider can not take the initiative to enter the ongoing proceedings, nor in the lawsuit by the application for retrial after the request for revocation of the referee.

3, the rules of civil procedure evidence to the parties to the use of space greatly.The Supreme People's court "several regulations about the civil action evidence" of the provisions of article seventy-second, a party to the other party of evidence to the contrary evidence, the parties recognized or proposed against it is not sufficient, the people's court may confirm the probative force. Confession may waive any proof for the court. False litigation, the parties to achieve the unlawful purpose, often collusion to provide false evidence to the court, and cover up the false source through the mutual recognition, is easily accepted the court. Some clients do not even to submit any evidence, and by mutual collusion the mediation, the judge is difficult to judge whether the two sides there is a real civil relationship. Visible, use of evidence in civil procedure rules of admission is not limited, provides conditions and opportunities to the false lawsuit.

4, from the point of view of China's current criminal legislation, no provisions of criminal liability of false action specific."There is no regulation about false action of criminal law" in the provisions of the "crime of perjury crime", the provisions of article 305th only applies to the field of criminal procedure, the provisions of article 307th of the obstruction of witnessing and help destroy, crime of fabricating evidence, it is very difficult to become a criminal responsibility on the parties falsification of evidence in civil litigation behavior based on.

Strategy three, deal with the false action

1Establishment of filing false action, warning and suspected reporting system.

The court set up the false litigation warning publicity in the registration window, the legal consequences of false litigation in litigation notice to inform the parties to litigation, a reasonable guide integrity. The company is registered, should check the business registration information, found a party to the other party's shareholders or other relationship, can be specified in the file bag, remind the judge noted. To have confirmed that the false lawsuit, it shall transfer the relevant circumstances of the case, the court filing system to warn of intranet. There is a false litigation suspected cases, the judge shall report to the president of the tribunal, in time, pay special attention to the various links in the case, the review process and shall be recorded in detail and attached.

2The coping skills, in the case of the trial.

(1) a suspicious tendency was found, the trial to a strictly fixed plaintiffs, including the amount of litigation, prosecution of basic facts, not allowing the plaintiff litigation request again for change. At the same time according to the fixed fact, requires both sides to provide evidence, in order to find out the debt occurred at a time, the amount of elements is consistent, such as loan dispute, may require the plaintiff and the defendant shall provide the original accounts reconciliation, to check the payment transactions between the two sides. For the parties to accept the court investigation or to participate in the proceedings, asked the witness to testify in the court, require the parties to produce the original evidence, strengthen the authority of investigation and evidence collection. After rigorous review of the evidence, if not suspicious, mediation may be conducted according to the request, but generally shall only confirm creditor debtor relationship and specific repayment time, not in the letter of mediation in direct support of the defendant to material bonded. If the plaintiff and the defendant to provide evidence and the facts contradict v. found, should be based on the existing evidence to make a judgment, but not organize mediation.

(2) hearing the ownership of immovable property to confirm the dispute should be cautious, if both parties have no objection to the fact and active request mediation, should active review involved in real estate (or transfer), to the relevant departments to identify the existence of the real estate by other judicial organs to check sealing condition, avoiding parties of litigation by the transfer of property to escape responsibility.

3Perfect mediation, working mechanism, prevent circumvention evidence review to mediation.

Since the majority of false litigation parties in fact without controversy and active request mediation, court mediation should be based on the principle of voluntary mediation, the mediation agreement to strengthen the existence of evasion of law, contrary to the public interest, violations of the legitimate rights of others to make a substantive examination. If found to have the above situation may exist, not by mediation.

4A false litigation, the civil remedy mechanism.

False litigation if the damage the third person's legitimate rights and interests, should protect victims compensation request right. In the judicial, false litigation confirmed as tort, and confirm the false lawsuit victims have filed a claim for damage rights, make the behavior of people to take the corresponding civil liability, increase the cost of false lawsuit, is a kind of important means to prevent and combat fraud litigation. Suggestions to guidance the way clear false litigation compensation scope and amount. The scope of compensation shall be limited range of behavior to the victim damage, property damage and mental damage should include two aspects.

5False litigation against disciplinary society, perfect liaison mechanism.

Established by the false litigation public security organs, procuratorial organs, court, judicial administrative organs, lawyers association to participate in the prevention of disciplinary liaison mechanism. The court should be established to prevent and combat fraud litigation special mechanism, led the establishment under the leadership of the hospital guard against group, joint filing, trial, executive power, specific investigation on suspicion of false action of clues, may constitute fraud litigation, if the parties to submit evidence has defects, can dismiss firmly rejected, can't support the demands of the firm does not support. True of false litigation verification, according to the civil procedure law, depending on the seriousness of their disciplinary penalty of detention, fine. Suspected of a crime, to the public security organ for investigation. On suspicion of knowingly false action and lawyers, promptly issued a judicial recommendation letter to the judicial administrative organ, the judicial administrative organ shall be given an administrative punishment or give the industry a punishment by the lawyers association.

6Criminal sanctions, the false lawsuit behavior constitutes a crime.

For the false lawsuit behavior to the illegal possession for the purpose of others, which constitutes a crime, the criminal shall be resolutely. In the criminal law is not the obstruction of justice charges behavior special circumstances, false lawsuit behavior may also violate other charges. First of all, the parties malicious collusion between the fictional, take legal relationship, fabricated the facts of the case method to bring a civil action, confirmed by the judicial power, and the conversion behavior, a form of litigation fraud belongs to. Harm to illegal possession of other's property for the false litigation purpose is more serious than the general crime, it not only violates the property rights, but also a serious violation of national judicial credibility and authority. To fraud was sentenced to two to false litigation to infringe upon the property of the defendant in prison, not only to protect the victim's property rights, it set up the authority of the judiciary, to protect the justice of judicial. Secondly, the need for false litigation often falsified evidence, including documents, contracts, receipts and other evidence, its behavior may commit a forgery, alteration of official documents, certificates, seals and falsifying company, enterprise seals. Thirdly, forged evidence behavior itself may constitute prejudice to testify the crime and help the parties destroy, crime of fabricating evidence.