Supervision suggestions for false loan shark lawsuitsThe false lawsuits of "routine loans" have the typical characteristics of "routine loans", which generally manifest themselves as the actor filing

Supervision suggestions for false loan shark lawsuitsThe false lawsuits of "routine loans" have the typical characteristics of "routine loans", which generally manifest themselves as the actor filing a civil lawsuit with the court in the form of false loans, demanding that the victim Bear false debts to achieve the purpose of illegal possession. In recent years, new types of false lawsuits caused by "routine loan" crimes have not only infringed on the legitimate rights and interests of victims, but also seriously hindered judicial order. Based on judicial practice, the author believes that the following difficulties exist in the prosecution and supervision of false litigation of "routine loans". First, it is difficult to find clues to the case. "Routine loans" are often inextricably linked to evil forces, and are highly concealed and difficult to identify. Victims often do not take the initiative to report the crime or report the case, which makes it difficult to investigate clues in such cases. Second, the supporting facilities for civil investigation and verification rights are insufficient. "Routine loan" false litigation is different from ordinary civil supervision cases. Plaintiffs generally do not take the initiative to recognize the "routine loan" behavior they have implemented, and defendants are often covered up by "routine loan". The defendants often conceal the fact that they have been "set up". Therefore, the supervision of such cases requires not only breakthroughs between the plaintiffs and defendants, but also the complexity of cases involving gangs and evil. The civil investigation and verification power of the procuratorial organs is a non-coercive power. In the absence of a strong guarantee mechanism, the current rigidity is not enough to meet the practical needs of supervision of false litigation of "routine loans". Third, it is difficult to clarify the intersection of "routine loans" and false litigation between criminals and civilians. The "routines" of "routine loans" are ever-changing, and the scope is difficult to accurately define. The standards for legal application in criminal cases and anti-counterfeiting cases are unclear, and there are different understandings of the reasonable payment of loan principal and interest. This requires correctly handling the intersection of criminal and civil matters. Legal issues. This requires correct handling of legal issues involving criminal and civil crimes. In addition, under the principle of "prison before the people", once the perpetrator of "routine loan" is not found guilty of a crime, whether the original judgment can be overturned is a question that civil prosecutors need to consider. Fourth, the lack of comprehensive talents in grassroots procuratorates restricts the supervision of false litigation of "routine loans". Supervision of "routine loan" false lawsuits is a new type of case that civil prosecutors have faced in recent years during the special campaign against crime. It requires civil prosecutors not only to have civil review capabilities, but also to have certain criminal review capabilities. The professionalism of some civil prosecutors cannot match their functional requirements, making it difficult to handle such cases. In order to improve the intensity and efficiency of cracking down on false lawsuits involving "routine loans", the author believes that the following points should be taken into consideration. The first is to strengthen the awareness of clue discovery. "Routine loans" have the characteristics of professionalism, premeditation, and concealment. When handling cases, prosecutors of the People's Bank of China must increase their efforts to review private lending cases. For cases that may involve "routine loans", they often contact the public security, courts, and Communicate with banks and other departments to obtain case clues and technical support from external units. Increase the probability of successful identification through case clues and technical support from external units. Secondly, improve the means of civil investigation and verification rights and strengthen the rigidity of power protection. When exercising the power of civil investigation and verification and investigating and handling false litigation cases under the current legal framework, the content of the power should be fully and effectively exercised. The procuratorial organs should rely on the positioning of legal supervision agencies and actively form a coordination mechanism with public security, courts and other departments. For units or individuals that obstruct judicial justice, the procuratorial organs can exercise the right to recommend accountability and recommend that the competent authorities handle or transfer to the public security organs depending on the circumstances. . The third is to correctly handle the intersection of criminal and civil issues in the supervision of false litigation of "routine loans". "Routine loans" are typical criminal-civilian cases. Procuratorates should fully strengthen cooperation between criminals and civilians in handling cases. While criminal prosecutors are cracking down on crimes, civil prosecutors can initiate supervision procedures ex officio and make full use of protest and retrial prosecutorial suggestions. methods and adopt diversified supervision methods to achieve effective punishment. "Routine loans", "false lawsuits" and "three effects" are organically unified. It is worth noting that false litigation for "routine loans" does not necessarily constitute the crime of false litigation. From the overall evaluation of the qualitative nature of the behavior, it may also be determined as crimes such as fraud, extortion, and illegal detention. Therefore, just because "routine loan" false litigation does not constitute the crime of false litigation does not mean that civil cases should not be supervised. In judicial practice, the standards for criminal crackdowns on "routine loans" are not consistent with the standards for civil supervision of false litigation. The civil prosecution department only needs to believe that the investigation and evidence collection are sufficient and overturn the original judgment to propose retrial prosecutorial recommendations. There is no need to punish "routine loans" Provide supervision. The fourth is to improve the civil litigation capabilities of prosecutors. The types of civil litigation cases are becoming increasingly complex and diverse, and the "upgrading" of civil prosecutorial supervision has put forward higher requirements for prosecutors. Therefore, by inviting relevant experts and case handling experts to give lectures and sending civil prosecutors to the courts for practice, they directly participate in the trial practice of civil and commercial cases, laying the foundation for civil prosecutors to better perform their legal supervision functions.