Jiangsu Province Higher People's court "about preventing and investigating false litigation in civil adjudication opinions" (2013Years)

    Implementation of the revised "Civil Procedure Law of the PRC", recently, the provincial high court trial is discussed by the committee "about preventing and investigating false litigation in civil trial advice", this opinion after new year's day in the court full implementation.

　　2011Years, management office to organize the province high court trial in court trials of false litigation case special investigation. According to the research result, the current in the trial court, false action is not only the individual phenomenon, this kind of malicious false litigation is not only a serious violation of the opposite party of the litigation or the rights of stakeholders, wasted a lot of judicial resources, but also greatly damage the credibility of the judiciary and the authority. At the same time in the work of investigation has determined: the false Civil Procedure Act means the parties malicious collusion, by fabricating facts, forges evidence, fictional legal relations, civil lawsuit, or other people's names in litigation, arbitration award, the use of false certificate documents for execution, the court made the judgment or execution error, illegal behavior to avoid legal obligations, to obtain illegal interests.

The characterization is prone to false litigation in different categories of cases in the "opinion" requirement, the court trial work to do "ten key review":

On the one hand, folk lending case, focus on the review of debt produces time, place, reason, purpose, payment, contract and the creditor and the debtor's economic condition.

Two, the defendant in a divorce case One's whereabouts is a mystery. could not be served or relates to common property division cases, focus on the review or investigation the actual place of residence, contact and other natural conditions, litigation if there is the common people, the marital status and the existence of the transfer of proceedings in the joint property of husband and wife, escape the conjugal debt or increase the husband and wife party obligations.

Three, the disputes of property are legal or policy restrictions on real estate, real estate management authority certificate examination whether legitimate, complete, the existence of the real estate prohibited by law, administrative regulations, state policies or restricts the transfer of the case, the existence of evasion of law in real estate debt situation.

Four, the enterprises, other organizations, the natural person and in many cases as the defendant's property disputes, mainly to examine whether the existence of the transfer of property, damage the legitimate rights and interests of the state, the collective or the third person.

Five, the restructuring of the state-owned, collective enterprises as the defendant's property dispute case, focus on the review whether there are fictional legal relationship of embezzling state, collective assets.

Six, the demolition of divisions within the natural person as a subject of litigation as household division, inheritance, gift, housing sale contract dispute cases, focuses on reviewing the household division is having conclusive reason and evidence, whether the house partition approach is consistent with common property division principle, there are other cases with false divorce, housing and other household division, transfer form obtain illegal demolition interest and whether. Seven, shareholder disputes, mainly examine whether there has the actual controlling shareholder of the company, other shareholders and creditors rights damage through false disposal company property and other forms of case.

Eight, in cases involving well-known trademark recognition, the burden of proof on review of tort and the authenticity of the well-known trademarks of the necessity, the dispute is in accordance with the "trademark" trademark law of the people's Republic of China stipulates that the fourteenth well-known trademark, the defendant's standard operating conditions, the plaintiff and the defendant to the plaintiff Sue whether substantive defense.

Nine, to supervise the procedure cases, focus on the review of debtor creditor relationship is clear, legally, the facts and the evidence is true.

Ten, the procedure of public summons for cases, facts and reasons mainly review the public summons for is true, whether in the public summons procedures as a means to damage the legitimate rights and interests of others.