I. Identification of false litigation
False litigation refers to the act that one party deliberately fabricates facts and evidence, illegally obtains other people's property or achieves other improper purposes in civil litigation. According to the explanation, when trying a case, the court will make a comprehensive judgment based on the behavior of the parties, the evidence materials and the facts of the case, so as to determine whether there is a situation in false litigation.
Second, the consideration of sentencing circumstances.
In criminal cases in false litigation, the court will comprehensively consider sentencing according to the defendant's criminal circumstances, the degree of social harm and the performance of repentance. If the defendant has surrendered himself or rendered meritorious service, he may be given a lighter or mitigated punishment; If the circumstances are serious and cause heavy losses to the victims, they will be severely punished according to law.
Third, the distinction from other related crimes.
False litigation is related to other crimes, such as fraud, forgery of official documents, etc., but it needs to be distinguished when it is identified. The Interpretation clearly defines the boundaries and distinguishing standards between false litigation and these crimes, and ensures the accurate application of laws in judicial practice.
To sum up:
The Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases in false litigation provides clear guidance for the court to hear false litigation's case. By identifying false litigation's standards, considering the circumstances of sentencing, and distinguishing it from other related crimes, we can ensure judicial justice and accuracy, and safeguard the legitimate rights and interests of the parties.
Legal basis:
Criminal law of the people's Republic of China
Article 307 states:
Whoever brings a civil lawsuit with fabricated facts, 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 shall 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.
Interpretation of some issues concerning the application of laws in handling criminal cases in false litigation.
It further refines false litigation's identification standard, sentencing circumstances and the difference with other related crimes, which provides more specific guidance for judicial practice.