1. What is the responsibility of lawyer China in false litigation?
Lawyers' responsibilities in false litigation are civil com
1. What is the responsibility of lawyer China in false litigation?
Lawyers' responsibilities in false litigation are civil compensation and criminal responsibility. If false litigation is a lawyer, he needs to be liable for compensation to his client, in addition, it may also constitute a crime of false litigation. False litigation crime refers to bringing a civil lawsuit with fabricated facts in order to seek illegitimate interests, which seriously hinders the judicial order. Shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined.
False litigation, one of Article 307 of the Criminal Law, who brings a civil lawsuit with fabricated facts, impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the act mentioned in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Second, what are the specific manifestations of crimes in false litigation?
First of all, the actor must fabricate facts; Secondly, the actor must file a civil lawsuit; Finally, the actor's act of fabricating facts to file a civil lawsuit should hinder the judicial order or seriously infringe upon the legitimate rights and interests of others.
The so-called fabrication of facts means that the actor fabricates and fabricates a fact that does not exist at all and is contrary to the real situation. There can be no fabrication of any real elements at all, or there can be some fabrication of real elements.
Specifically, it includes the following types:
1, the type of "making something out of nothing", that is, the actor fabricated the creditor-debtor relationship and forged evidence, such as IOUs and repayment agreements. And on this basis, sue the court and ask the victim to fulfill the "debt";
2, "resurgence" type, that is, the actor takes the debt documents that the victim has performed but has not recovered or destroyed as evidence, and brings a lawsuit to the court to ask the victim to perform again;
3. "Vulnerability" type, that is, the actor forged relevant evidence to expand the creditor's rights, or tampered with the loan amount on the iou and the conclusion of the disability level of the disability appraisal book.
At present, China has very clear legal provisions on false litigation, that is, in the course of litigation, if a civil lawsuit is filed by fabricating facts, which seriously hinders the judicial process in China or infringes on the legitimate interests of others, it will be sentenced to fixed-term imprisonment of not more than three years according to the crime of false litigation, and of course it can also be punished according to the behavior of more than three years.