According to media reports, Ms. Wu from Dazhu County, Sichuan Province reported that her husband brought an imposter to handle divorce procedures for her, and the court finally issued a divorce judgment. After the incident broke out, the Dazhu County Court of Sichuan Province announced on its official Weibo that the divorce dispute case had been ordered to be retried due to errors in the original mediation document. The original judge has been suspended for investigation and will be handled in accordance with the law based on the investigation. The court also decided to impose fines, detention and other penalties on the plaintiff Wu Moumou and Feng Moumou who falsely used Ms. Wu’s name. Judging from the reporting situation, although this incident is an isolated case, there is still some information worthy of attention.
1. When hearing a divorce case, the court should verify the identity of the parties involved.
When hearing divorce cases, judges should strictly examine whether the identity information of the parties is consistent with the person appearing in court. Under normal circumstances, parties need to bring their ID cards when entering the court and swipe their ID cards to enter. Without an ID card, it is impossible to enter. In this case, the parties involved impersonated someone else's identity to enter. This is one of the doubtful points and should be caused by the court's lax review. In addition, this case is a pre-trial mediation and has not entered the trial stage. Judging from the results of the report, it should be that the trial personnel were negligent and did not carefully verify whether the basic information of the parties was consistent with that when they appeared in court. If the presiding judge knowingly knows that the woman is an imposter and still issues a civil mediation letter granting divorce, it is an act of collusion and a criminal offence.
2. In this case, it is an impersonation to participate in litigation activities.
Article 189 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates: The People's Court shall, against any litigation participant or other person who commits any of the following acts, The provisions of Article 111 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China and the State" can be applied: (1) File a lawsuit or participate in a lawsuit in the name of another person; accordingly , the court decided to fine and detain the plaintiff Wu and Feng, who falsely used the name of Ms. Wu.
3. This case does not constitute a false lawsuit.
The crime of false litigation refers to the person who fabricates facts to file a civil lawsuit, obstructs the judicial order or seriously infringes upon the legitimate rights and interests of others, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the circumstances are serious, , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. This case has not yet constituted a crime.