Supreme law issued a document to thoroughly rectify false litigation
2021-11-10
False litigation damages judicial authority and social atmosphere. On the 9th, the Supreme People's Court issued an opinion on deepening the rectification of false litigation, strengthened the screening, investigation and punishment of false litigation, stressed the rectification of false litigation in key areas, and strictly investigated the criminal responsibility of the perpetrators of false litigation. The concealment of false litigation is very strong, so how to distinguish it is very important. The opinions provide a "yardstick" for the identification of false litigation, summarize the eight characteristics of false litigation, list ten common false litigation, set out the key points for the rectification of false litigation, and build a rectification mechanism of false litigation throughout the whole process of filing, trial and execution. The opinions require strict examination of the evidence of the whole case of the lawsuit against execution objection, cautious treatment of the self admission of the parties, and strict prevention of the parties' malicious collusion to evade execution. For private lending, the opinions require strict examination of the illegal acts of fictitious lending and falsely increasing the principal by means of circular transfer and "dead end interest", and strictly abide by the upper limit of judicial protection of private lending interest rate. The Opinions also proposed to strictly review the effectiveness of the contract and rectify the litigation of false house sales. In order to evade debts, evade execution, obtain the benefits of illegal demolition, evade macro-control policies and other illegal purposes, if a lawsuit is brought against a fictitious house sales contract relationship, the contract shall be deemed invalid. If the buyer invents the house purchase qualification to participate in the judicial auction of real estate and the auction is successful, and the parties and interested parties claim that the auction is invalid on the grounds of violating public order and good customs, it shall be supported. If the buyer's fictitious purchase qualification leads to the invalidity of the auction, it shall be liable for compensation according to law. In addition, the opinions put forward three requirements for punishing criminal crimes involving false litigation: overall strictness, focus of crackdown and criminal civilian coordination, strictly investigate the criminal responsibility of the perpetrators of false litigation, and maintain a high-pressure and severe crackdown on the illegal crimes of "routine loan" false litigation strongly reflected by the masses. (reporter Luo Sha) (outlook new era)
Edit:Luo yu Responsible editor:Wang er dong
Source:xinhuaNet
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