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.
Accusing others false litigation needs legal evidence to file a case. General evidence includes witness, material evidence, documentary evidence, witness testimony, etc. Only when it is confirmed can a case be filed, so that the handling of the case can have a legal basis and the offender can pay the due price.
A natural person who commits the crime of false litigation 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 this crime, it shall be fined. The person in charge and other persons directly responsible for the unit shall be investigated for responsibility according to the punishment of the above-mentioned natural persons.
What are the ways to collect criminal evidence?
1, go ahead. Inquiry means that law enforcement agencies or lawyers ask the parties, witnesses or expert witnesses to state their understanding of the case. Inquiry is a measure and method of obtaining evidence that is often used in any case.
2. Interrogation. Interrogation refers to the method used by law enforcement agencies to ask violators, criminal suspects or criminal defendants to truthfully explain the case. The objects of interrogation are limited to criminals in administrative punishment cases and criminal suspects and defendants in criminal cases. The subject of interrogation is limited to law enforcement agencies, not including lawyers.
3. identify. Identification requires the victim or witness to pick out what he has seen and heard from many similar objects, places or people. The subject of identification can be the victim and witness in the case, and the object of identification can be the criminal suspect in the case or the person who has some connection with the case, or the articles or places related to the case.
4. Interrogation. An inquest refers to a special activity in which law enforcement officers come to the scene to find and extract evidence. The subject of inspection is limited to law enforcement agencies, and lawyers have no right to conduct inspections. From the perspective of collecting evidence, on the one hand, the inquest is an important way to find and extract all kinds of physical evidence, on the other hand, the inquest record itself is also one of the types of evidence.
5. check. Inspection refers to the special activities of law enforcement agencies to inspect the personnel related to the case according to law. The object of examination is the body of the living, also called physical examination. Personal inspection record is its main form of evidence.
6. search. Search refers to the special activities of law enforcement agencies to conduct compulsory search, search and extract evidence materials from places or personnel related to the case according to their functions and powers. The search object can be a place, a person, a car, a boat and other objects. Search is an important way to find and extract all kinds of physical evidence and documentary evidence, and the search record itself is one of the types of evidence.
To sum up, if the other party is false litigation, the people's procuratorate shall bring a public prosecution to the people's court. If the other party has false litigation's behavior, it should be suspected of constituting the crime of false litigation. The crime in false litigation is a public prosecution case, and the parties can't bring a lawsuit directly to the people's court. They can only ask the public security organ to file a case, and then the people's procuratorate will bring a public prosecution to the people's court.
Legal basis:
Article 307 of the Criminal Code of People's Republic of China (PRC).
If false litigation files a civil lawsuit with fabricated facts, which hinders the judicial order or seriously infringes upon the legitimate rights and interests of others, he 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.