False Patent Infringement: What if the stripe clause of criminal filing in false litigation?
Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases in false litigation: In order to punish false litigation's criminal activities according to law, maintain judicial order and protect the legitimate rights and interests of citizens, legal persons and other organizations, according to the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC), some issues concerning the application of laws in handling such criminal cases are explained as follows: Article 1. Forging evidence, making false statements, etc., and committing one of the following acts. Fictitious civil legal relationship, fictitious civil dispute, and bringing a civil lawsuit to the people's court shall be deemed as "bringing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307-1 of the Criminal Law: (1) maliciously colluding with one of the husband and wife to make up the same debts of the husband and wife; (2) Malicious collusion with others, fabricating the relationship between creditor's rights and debts and an agreement to pay debts in kind; (3) Malicious collusion with the legal representative, directors, supervisors, managers or other management personnel of the company or enterprise to fabricate the debts or guarantee obligations of the company or enterprise; (four) 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; (seven) other acts of colluding with others unilaterally or maliciously to fabricate civil legal relations such as identity, contract, infringement and inheritance. Whoever conceals the fact that the debt has been fully paid off and brings a civil lawsuit to the people's court to demand others to perform the debt shall be deemed as "bringing a civil lawsuit with fabricated facts".