Yeosu City 2021 year
The third of the top ten outstanding cases in the judicial category
Brief facts of the case
In order to evade debts and transfer property, in May 2018, Mr. Zheng and Mr. Lan signed a false loan agreement of 7 million yuan in fictitious creditor-debtor relationships, and created false transfer records through bank transfers, and went through mortgage registration procedures at the same time. In February 2019, Mr. Zheng filed a civil lawsuit with the Liandu District People's Court of Lishui City on the basis of the above-mentioned false loan agreement and false bank transfer records. In March 2019, the Liandu District People's Court of Lishui City made a civil mediation statement confirming the civil mediation agreement for Lan X to return the principal and interest of the above-mentioned false loan to Zheng X.
The Liandu District People's Procuratorate exercised its right of investigation and verification in accordance with law, ascertaining that the transfer records on which the original trial found that the two parties had a loan relationship were colluded and forged by the two parties. Zheng X and Lan X fabricated the creditor's rights and debts relationship, and used false bank transaction flows to reach a false mediation at the Liandu District People's Court in Lishui City, and the above-mentioned false litigation behavior disrupted the normal trial activities of the people's court, undermined the trial order, and harmed the national interest and the social public interest. On August 20, 2021, the Liandu District People's Procuratorate transferred the case to the Lishui Municipal People's Procuratorate and requested the court to file a protest with the Lishui Intermediate People's Court. After review, the Lishui Municipal People's Procuratorate filed a protest with the Lishui Intermediate People's Court on September 7, 2021. On September 29, 2021, the Lishui Intermediate People's Court issued a Civil Ruling, instructing the case to be retried by the Liandu District People's Court of Lishui City.
Xiao Si Interpretation Law
False litigation, commonly known as "anti-counterfeiting lawsuits", refers to the malicious collusion of parties to civil litigation, using fictitious legal relationships and fabricating the facts of the case to initiate civil lawsuits, or using false arbitral awards or notarized documents to apply for enforcement, so that the court can make erroneous judgments or enforcement in order to obtain illegal benefits. With the changes in society and the development of the economy, civil litigation cases are increasing day by day, and the situation of false litigation in civil cases is also constantly emerging and has a growing trend. In this case, the parties, knowing that Mr. Lan had multiple cases to be enforced, maliciously colluded and used civil litigation to "legalize" the fictitious debts by creating false evidence, so that Mr. Lan's assets were transferred back to their own hands through the hands of Mr. Zheng, which not only seriously infringed on the legitimate rights and interests of the applicants for enforcement in other cases, undermined social integrity, but also wasted judicial resources, damaged judicial credibility, and seriously interfered with the normal operation of civil litigation procedures.
The rule of reverence is not only reflected in the observance of discipline and law in daily life, but also in the respect for civil litigation activities and honesty and trustworthiness in litigation activities. Civil litigation is an important judicial act and is the trial and adjudication of civil cases by the people's courts in accordance with legal procedures. Each judgment is a judicial result made by judges in strict application of law procedures and in accordance with laws and regulations. Therefore, respecting litigation activities and being honest and trustworthy in litigation should be the basic bottom line of every party to a case. The act of false litigation is not only a deception and ridicule of judicial personnel, but also a disregard for the law and judicial authority, which has serious social harm and will inevitably be punished by law.
Procurators remind that if you find that your legitimate rights and interests have been infringed, you must take up the weapon of law to protect your legitimate rights and interests, you can apply to the procuratorial organs for supervision, and for false litigation cases that do exist, the procuratorial organs will comprehensively use methods such as counter-prosecution, retrial procuratorial suggestions, procuratorial suggestions, investigation and handling, and transfer of criminal clues to supervise.
Contributors| Law Popularization and Governance Division, Liandu District Procuratorate
Audit | Lan Chen Jia
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【Source: Yeosu Justice】
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