Recently, the Chengdu Xindu Court made a judicial disciplinary decision to fine the parties to a civil case who made false statements during the trial to a fine of 2,000 yuan.
The Red Star News reporter learned that the case was a private lending case, and the plaintiff Peng Mou sued the court to order the defendant Xie mou to return the principal of the loan. During the trial, Xie argued that he returned part of Peng's loan in cash, but Peng denied it in court. After the trial, Xie provided surveillance video to confirm the fact that he had returned part of the loan. In front of the evidence, Peng admitted that he had previously made false statements.
The court held that the actual amount of the principal amount of the loan was crucial to the trial of the private lending dispute case, and Peng's deliberate misrepresentation had hindered the people's court's trial, the nature of the act was relatively bad, the circumstances were more serious, and combined with the actual situation, a judicial punishment decision was made and the defendant was fined 2,000 yuan.
The judge pointed out that in judicial practice, some parties deliberately make false statements based on luck psychology or deliberately conceal important facts of the case on the grounds that the burden of proof is not on their own, which seriously deviates from the principles of good faith litigation and fairness, which not only increases the difficulty of trial of the case and wastes judicial resources, but also makes the legitimate rights and interests of other parties unable to be protected in a timely and effective manner, disrupts the judicial order, hinders judicial fairness, and challenges judicial authority.
In order to combat acts that disrupt judicial order such as false statements, article 63 of the 2019 revised Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings clearly stipulates that "the parties shall make truthful and complete statements on the facts of the case." Where a party's statement is inconsistent with its previous statement, the people's court shall order them to explain the reasons, and conduct a review and determination in light of the parties' litigation capacity, evidence, and the specific circumstances of the case. Where a party intentionally makes a false statement to obstruct the people's court's trial, the people's court shall, on the basis of the circumstances, punish it in accordance with the provisions of article 111 of the Civil Procedure Law. ”
On November 9, 2021, the Supreme People's Court also issued the Opinions on Carrying Out Work on the Rectification of False Litigation and typical cases of rectifying false litigation, clarifying that the people's courts will further increase the intensity of rectification of false litigation, purify the litigation environment, enhance judicial credibility, and promote the establishment of a social creditworthiness system.
The judge reminds litigation participants that they should file lawsuits in good faith and exercise their right to sue in accordance with the law, such as making intentional false statements and other acts that obstruct the trial of the people's courts, they will be subject to judicial punishment by the court, and if the circumstances are serious, they will be investigated for criminal responsibility.
Red Star News reporter Dai Jiajia
Edited by Wang He
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