1. Collect relevant evidence of the other party's false litigation, report the case to the public security organ in the jurisdiction, which will file a case for investigation, transfer it to the procuratorate for review and prosecution, and then transfer it to the court for judgment;
2. If the public security organ refuses to handle it, the parties concerned may collect relevant evidence of the other party's false litigation, write a private prosecution, and file a criminal private prosecution with the people's court where the court accepting the false civil litigation case is located or where the enforcement court is located, and the court will file a case for trial.
The criteria for determining the crime of false litigation are as follows:
1. false litigation's crime is an act. As long as the act of fabricating facts to file a civil lawsuit is implemented, false litigation crime will be established;
2. Whether the actor acts for legitimate interests or illegitimate interests, it can constitute false litigation crime;
3. Serious violation of the legitimate rights and interests of others means not only serious violation of the property rights of others, but also the legitimate rights and interests such as marriage rights, adoption rights, custody rights and inheritance rights. , such as the loss of property, the breakdown of marriage, the loss of adoption rights or the right to be adopted by others, custody or custody of others, property inheritance rights or inheritance rights.
The constitutive elements of crime in false litigation are:
1, object element. The object is the legitimate rights and interests of the third party;
2. Main elements. The subject is a general subject;
3. Subjective factors. Subjective aspects can only be intentional;
4. objective factors. It is manifested in malicious collusion between the two parties in civil litigation, conspiring to fabricate false facts and evidence to bring a lawsuit to the court, illegally occupying or damaging the property or rights and interests of the state, the collective and citizens. In short, whether seeking benefits or not, as long as the actor has no specific subjective purpose subjectively, it can constitute the crime of false litigation. Whoever fabricates facts and brings a civil lawsuit, impairs 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.
To sum up, report the case to the public security organ. The public security organ will promptly review the materials of reporting, accusing, reporting and surrendering, and if it believes that there are criminal facts that need to be investigated for criminal responsibility, it shall file an investigation; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Legal basis:
Article 2 17 of the Civil Procedure Law of People's Republic of China (PRC).
When the people's procuratorate performs its legal supervision duties, it may investigate and verify the relevant information from the parties concerned or outsiders because of the need to put forward procuratorial suggestions or protest.