The Zhejiang Provincial Higher People's court opinions about preventing and investigating false litigation in civil adjudication

(the Zhejiang Provincial Higher People's Court Judicial Committee 2008Years11Month18Daily article2067Meeting of the)

 

In order to prevent and punish false lawsuits, promoting litigation honesty, guarantee the normal activities of civil litigation, safeguard judicial authority, in accordance with the provisions of relevant laws and judicial interpretations, combine me the province is actual, make this opinion.

 

Article 1 False litigation refers to the views of all parties to a civil action, is a malicious collusion, take up legal relationship, fabricated the facts of the case method to bring a civil action, or by the notary documents false arbitration award, for execution, the court made a wrong judgment or execution, to obtain illegal behavior of interests.

 

Article second The following case, should pay particular attention to the trial:

(a) the folk lending case;

(two) cases of divorce party for the defendant's property dispute case;

(three) has a negative value of enterprises, other organizations, natural and man-made defendant property dispute case;

(four) restructuring of state-owned, collective enterprises for the defendant's property dispute case;

(five) the natural person the divisions within the household division as subject, inheritance, the sale of housing contract dispute cases;

(six) cases involving well-known trademark recognition.

 

Article third Any of the following circumstances in the proceedings, the judicial personnel shall carefully review, prevent false litigation:

(a) the facts, grounds for prosecution counterintuitive, evidence for the presence of forgery may;

(two) if the party concerned refuses to appear in court in the proceedings without justified reasons, the entrusted agent of the facts of the case statement is not clear;

(three) the plaintiff and defendant, cooperate tacit understanding, there is no substantive plea against;

(four) the mediation agreement easy;

(five) there are other abnormalities in litigation.

 

Article fourth The court should in the filed of the hall or the people's court case window ban false litigation notice, to lead the party integrity action.

 

Article fifth There is a false litigation suspected cases, the judges shall report to the president, the president immediately, and the case shall be recorded abnormal conditions attached, to warn each link in the trial.

 

Article Sixth The false lawsuit suspected cases, the court may take the following measures in the process of trial:

 

(a) to summon the parties to take part in the proceedings;

(two) inform the parties to submit the original evidence;

(three) require the witness to testify;

(four) to the interested parties informed of the situation, and notify them to take part in the proceedings;

(five) according to the authority of investigation and evidence collection;

(six) invited the relevant departments, grass-roots organizations in the examination of the mediation agreement;

(seven) other measures can be taken in accordance with the law.

 

Article seventh The debt dispute case, the court shall strictly examine the debt produces time, place, reason, purpose, payment, contract and the creditor and the debtor's economic condition.

 

Article eighth The false lawsuit suspected case, the court shall summon the litigants in court.

The plaintiff refuses to appear in court without justified reasons, the court or midway without permission by the court, may deal with it as a case.

If the defendant refuses to appear in court without justified reasons, in accordance with the "Regulations of PRC Civil Procedure Law" article 100th shall summon.

 

Article ninth The false lawsuit suspected cases, court shall notify the parties to submit the original evidence or witnesses to testify in court, a party concerned refuses to submit the original evidence, or the witness refuses to testify in court, the people's court according to law the parties that the lack of evidence.

 

Article tenth The false lawsuit suspected cases, civil litigation agent entrusted by the parties, should be strictly in accordance with the "Zhejiang Province Higher People's Court of Zhejiang Provincial Department of justice norms on certain provisions of civil administrative litigation activities agent in accordance with the law(Trial)"Executive.

 

Article eleventh Interested outsiders and false litigation case, can put forward to apply to the court for retrial.

Article twelfth After examination and confirmation of the false litigation cases, effective judgment or civil mediation has been made, the people's court shall cancel the effective judgment or civil mediation in accordance with legal procedures, and reject.

Article thirteenth The false lawsuit suspected cases, party applies for the withdrawal of the suit, the court may approve; after examination and confirmation of the false litigation cases, the party applies for the withdrawal of the suit, the court shall not permit.

Article fourteenth To participate in the relevant personnel to create false litigation case, in accordance with the "Regulations of the people's Republic of China Civil Procedure Law", according to the seriousness of the circumstances, shall be admonished, fines, detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

To participate in making a false litigation lawyer, should also put forward the proposal to the relevant judicial administrative organs in accordance with the relevant provisions of law, "" the people's Republic of China shall revoke the lawyer practicing license.

 

To participate in the trial manufacture of false lawsuits, the Supreme People's court shall be in accordance with the "people's court judges illegal judicial accountability approach (Trial)" and "the people's court disciplinary measures (Trial)" and "Zhejiang Provincial Higher People's Court about the regulations of" case supervision serious processing.

 

Article fifteenth The units and individuals to report false lawsuit, verified, should be rewarded.

To prevent and punish the judicial personnel to highlight the achievements of the false litigation case, should be commended.

 

Article sixteenth The people's courts at all levels found false lawsuit, should be informed in the range, and the Provincial Higher People's court step by step.

 

Article seventeenth The comments by the Zhejiang Provincial Higher People's court trial committee is responsible for the interpretation of.

 

Article eighteenth The opinions shall be implemented as of the date of publication.

 

 

The Zhejiang Provincial Higher People's court Guiding opinions of the people's Procuratorate of Zhejiang province "for false litigation of criminal case law"

 The people's Procuratorate, the people's court at all levels of the province:

The Zhejiang Provincial Higher People's court, the people's Procuratorate of Zhejiang province "for false litigation of criminal case law applicable to guidance" issued to you, please follow. In the implementation process in the new situation, new problems, please report to the provincial high court, procuratorate.

 Two July 7th 2010

 In order to maintain the normal order of the judicial and social management order, protection of citizens and other social organizations of the legitimate rights and interests, the punishment of false litigation criminal activities in accordance with the law, according to the relevant provisions of the criminal law, the criminal cases for false litigation put forward the following opinions:

A false litigation, criminal refers to cheat people's court judgments, malicious collusion, fictional facts, forges evidence, filed a lawsuit to the people's court to constitute a crime behavior. The people's court judgments include judgment, mediation, ruling, decision.

Two, in order to make false allegations, or false litigation process, instigate others to provide false evidence, documentary evidence, testimony, statements, such as identification of the conclusions of perjury, or by letting in the forgery, respectively, in accordance with article 307th of the criminal law the crime of obstruction of evidence, to help destroy or falsify evidence, the crime.

Three, in the fictional facts, forges evidence process, forged, altered, theft, robbery, sale or destruction of official documents, certificates, seals, or fake companies, enterprises, institutions, people's organizations seal, or forged, altered identity cards, respectively, in accordance with article 280th of the criminal law, the sale of counterfeit, altered official documents, certificates, seals, theft, robbery, destruction of official documents, certificates, seals, fake companies, enterprises, institutions, people's organizations of seals, forged, altered identity card crimes.

 Four, in order to avoid the people's court documents, false litigation, obtaining, transfer of property, in accordance with article 313rd of the criminal law of the crime of refusing to implement the judgment, order processing.

　　 Five, for the transfer of more common property owned property, escape, or common debts, false action, in accordance with the provisions of the views of second, three.

　　 Six, for the purpose of illegal possession, false litigation, obtaining public and private property, in accordance with article 266th of the criminal law of the crime of fraud.

      Seven, the company, enterprise or any other unit who used his position to facilitate, false litigation, embezzle the property, in accordance with the first paragraph of article 271st of the criminal law of duty crime of embezzlement processing.

      Eight, the state staff taking bribes, false litigation, embezzlement, or State-Owned Company, enterprise or any other state owned units engaged in public service and State-Owned Company, enterprise or any other state owned units assigned to non State-Owned Company, enterprise or other unit personnel engaged in official business by taking advantage of their positions, false litigation, embezzle the property according to article three hundred and eighty-two of the criminal law, the crime of corruption, three hundred and eighty-three treatment.

　　 Nine, the perpetrators of fraud litigation and criminal activities, violates the two or more than two charges in accordance with the law or by the combined punishment for several crimes, convicted and punished with a heavier penalty.