1. What are the crimes of false litigation and which belong to false litigation?
False litigation is a legal term, commonly known as "false litigation", which refers to the malicious collusion between the two parties in civil litigation, bringing a lawsuit to the court by fabricating facts and evidence, deceiving the court to make a wrong judgment and execution, and obtaining illegal interests.
(1) According to the provisions of relevant laws and judicial interpretations, if a party forges evidence, makes false statements, fabricates a civil legal relationship, or fabricates a civil dispute, and brings a civil lawsuit to the people's court, it is an act of false litigation:
1. Malicious collusion with one of the husband and wife to fabricate the same debt of the husband and wife;
2. Malicious collusion with others, fabricating the relationship between creditor's rights and debts and the agreement of paying debts in kind;
3. Malicious collusion with the legal representative or actual controller, director, supervisor, manager or other management personnel of the company or enterprise to fabricate the debt or guarantee obligation of the company or enterprise;
4. 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, forging creditor's rights or rights of priority or security, and sealing up, distraining or freezing property;
7.
In the name of private lending, induce or force others to sign relevant agreements such as "lending" or "lending", "mortgage" and "guarantee" in disguise, and form false creditor's rights and debts by inflating the loan amount, maliciously creating a breach of contract, arbitrarily identifying a breach of contract, and destroying repayment evidence;
8. Applying to the people's court for enforcement of an arbitral award or notarized creditor's rights documents with fabricated facts, or objecting to the enforcement target with fabricated facts in the process of civil enforcement, and applying to participate in the implementation of property distribution.
(two) in judicial practice, the following acts should also be recognized as false litigation's behavior:
1. In the process of filing a case, defrauding the court to file a case or seeking other illegal interests by fabricating the information of the parties or colluding with others;
2. Fabricating or forging lease agreements, and making up claims and debts;
3. Concealing the fact that the debt has been paid off in whole or in part, and still bringing a civil lawsuit to the people's court to demand others to perform the debt;
4. In the process of compensation for land and housing demolition and resettlement, fabricate identity relations and file lawsuits such as property division, inheritance and housing sales contracts;
5. Apply to the people's court for a payment order based on the false creditor-debtor relationship;
6. Unilaterally or maliciously colluding with others, making false statements, forging, altering, concealing or destroying evidence or instigating, bribing or coercing others to commit perjury;
7. Other acts of unilaterally or maliciously colluding with others to fabricate civil legal relations such as identity, contract, infringement and inheritance.
Second, which cases are prone to high incidence in false litigation?
1. Private lending cases;
2. The defendant is an insolvent enterprise or other organization, and its property has entered the court to execute the auction procedure;
3 cases of property rights disputes in which the state-owned and collective enterprises under restructuring are the defendants;
4. Cases in which citizens in the demolition area are planned by the government as the subject of litigation, such as separation, inheritance, sale and so on;
5. During the period before the divorce proceedings were filed, the court ruled that the husband or wife should bear the debt in an unusually large number of divorce cases;
6 cases involving the identification of well-known trademarks;
7. Other suspicious cases.
Third, how to identify false litigation?
1. "investigation": investigate whether there is kinship or other intimate relationship between the original defendant and the defendant, whether the facts and reasons of the lawsuit are obviously unreasonable, and whether the evidence is obviously forged;
2 "Listen": Participate in or attend the trial and confirm the trial. Both the defendant and the defendant will be worried about mistakes in the trial. Generally, they will not appear in court in person, but their agents will appear in court, and the defendants will hardly defend themselves. This is a very "harmonious" trial process;
Three "Look": The ultimate goal of false litigation's case is to evade debts and transfer assets. Therefore, such cases are generally resolved through mediation. Both parties often show that "one is willing to fight and the other is willing to suffer", and they will soon reach a settlement and execute the property.
Fourth, how to attack false litigation?
As the criminal law amendment (IX) was formally implemented on 20 15, 1, 1, false litigation's actions can be investigated for false litigation's criminal responsibility. According to the provisions of Article 307 of the Criminal Law, the crime of false litigation refers to the act of filing a civil lawsuit with fabricated facts, obstructing the judicial order or seriously infringing on the legitimate rights and interests of others.
1. Only "bringing a civil lawsuit with fabricated facts" can constitute the crime of false litigation. "fabrication" refers to fabrication out of thin air. If the disputed facts exist objectively, exaggerating, fabricating or abusing the litigation rights of non-critical facts does not constitute this crime. Secondly, it must be a fact in the field of civil litigation. Whoever fabricates facts in the field of criminal proceedings and causes others to be investigated criminally may be punished for the crime of false accusation and framing.
2. false litigation's behavior constitutes a crime only if it causes "disturbing the judicial order or seriously infringing on the legitimate rights and interests of others". "Obstruction of judicial order" mainly means that the judicial organs have spent a lot of judicial resources in many trials, investigations and evidence collection, or the courts have made wrong judgments and executions. "Serious infringement on the legitimate rights and interests of others" refers to the situation that the other party or interested party spends unnecessary expenses for responding to the lawsuit, such as legal fees, attorney fees, appraisal fees, travel expenses, etc. , or cause difficulties in the production and operation of the above personnel.
3. Implementing false litigation's behavior, "illegally possessing other people's property or evading legal debts, which constitutes other crimes, shall be given a heavier punishment in accordance with the provisions on heavier punishment." The so-called "other crimes" mainly refer to crimes against property such as fraud, duty embezzlement and corruption.