False litigation refers to the behavior of the parties who maliciously distort the facts or deliberately cover up the truth when they file a lawsuit, so as to achieve illegal purposes through untrue demands. The occurrence of false litigation will not only harm the interests of the parties, but also seriously affect judicial justice and increase the waste of judicial resources. Therefore, in the laws of our country, false litigation is regarded as a serious illegal act and is severely punished. According to the law of our country, in civil litigation, the court can take punishment measures such as warning, fine, withdrawal of the lawsuit and compensation according to the specific circumstances of the case. , and can take measures to restrict litigation rights or prohibit similar lawsuits from being filed again. In criminal proceedings, acts such as providing false testimony or evidence have also been severely cracked down. According to the provisions of the Criminal Law, acts such as deliberately fabricating factual statements and providing false evidence can be sentenced to a maximum of three years' imprisonment. It should be noted that false litigation has certain subjective malignancy and objective harmfulness, and the court must carefully examine and comprehensively verify the facts and evidence when judging whether it constitutes false litigation. The court should also give appropriate compensation and compensation to innocent victims.
How to avoid false litigation? To avoid false litigation, we must first respect the facts and the law, and we must not distort the facts and make unfounded demands. Secondly, we should strengthen self-discipline and protect our rights and obligations to file a lawsuit. If you don't understand or have questions about a legal issue, you can seek the help of a professional lawyer or legal adviser. Finally, we must maintain good integrity and public morality, and do not seek illegitimate interests for individuals or organizations through improper means.
False litigation is a serious illegal act, which seriously damages judicial justice and social order. In practice, we should fully understand the harmfulness of false litigation, strengthen supervision and crackdown, at the same time, we should also raise our awareness of self-risk and form a good habit of honesty and law-abiding.
Legal basis:
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases in false litigation, in which a civil lawsuit is filed with the people's court by fabricating evidence or false statements, any of the following acts shall be deemed as "filing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307 of the Criminal Law. (2) Malicious collusion with others, fabricating the relationship between creditor's rights and debts and an agreement to pay debts in kind; (3) Malicious collusion with the legal representative, directors, supervisors, managers or other management personnel of the company or enterprise to fabricate the debts or guarantee obligations of the company or enterprise; (four) fabricating intellectual property infringement or unfair competition; (5) Declaring fictitious creditor's rights during the trial of bankruptcy cases; (6) Malicious collusion with the person subjected to execution, making up creditor's rights or giving priority to sealing up, distraining or freezing property or security interests; (seven) other acts of colluding with others unilaterally or maliciously to fabricate civil legal relations such as identity, contract, infringement and inheritance. Whoever conceals the fact that the debt has been fully paid off and brings a civil lawsuit to the people's court to demand others to perform the debt shall be deemed as "bringing a civil lawsuit with fabricated facts".