Cracking down on counterfeits, dealing with fraud, keeping the truth and protecting the trust -- A summary of the work of the people's court to promote the construction of an honest society

2023-03-06

On November 23, 2022, Zhejiang courts launched the application of "collaborative intellectual governance of false litigation" in the province. The application was put into trial operation in Shaoxing City's two-level courts in July 2022, significantly improving the court's ability to prevent and identify false litigation, and realizing automatic identification and early warning of the whole process of false litigation. The construction of integrity is not only the inevitable requirement of inheriting and carrying forward the historical tradition with a long history, but also the inevitable requirement of the development of socialist market economy, and also the requirement of social harmony and people's happiness. The people's court follows this principle and continues to explore. The courts at all levels across the country severely punish counterfeiting, compress the space for fraud, reject dishonesty, and vigorously promote the spirit of contract that promises to be true and promises to be fulfilled, with a fair trial of cases and a solid progress of execution, so as to lay a solid foundation for the construction of a good faith China. We will severely punish those who practice fraud and escort genuine goods without trust. The convenient network information technology is now used by some lawbreakers as a tool to attack the bottom line of integrity and law. Selling fake and inferior goods and selling contraband goods on the network platform, damaging the legitimate rights and interests of consumers; False traffic flooded the network platform, and inferior content was replaced by inferior content, which confused the public's audio-visual; Falsification has seriously damaged the market order of fair competition and eroded social trust in cyberspace. The Internet is not a place outside the law. The more vigorous it is, the more it needs to prevent the crisis of integrity. The People's Court of Longgang District, Shenzhen City, Guangdong Province, determined that the development of group control software that can be swiped by a company constituted unfair competition, and the Jiangsu Provincial Higher People's Court applied the punitive compensation system to sell fake brand underwear online stores... The People's Court gave full play to its judicial function and was duty-bound to provide strong judicial services and guarantees for the construction of network integrity, and became an important participant and promoter of the construction of network integrity. Good faith is an important content of the socialist core values and one of the basic principles of civil litigation. The proper exercise of litigation rights is the internal requirement of the principle of good faith. However, some parties in the case abuse their litigation rights in order to seek illegitimate interests, which not only causes litigation burden to others, but also causes a waste of judicial resources, which should be paid for. On March 18, 2021, on the day of the establishment of the Beijing Financial Court, the "first case of opening the door" with the amount of more than 500 million yuan was accepted online - the first case of the dispute over the liability for misrepresentation in the inter-bank bond market in China, such as "Bluestone Asset and Industrial Bank", which was widely concerned by the society. On December 30, 2022, in the first instance judgment of the case, the court confirmed according to law that Dalian Machine Tool Group Co., Ltd. had made false statements in the process of issuing bonds, and further confirmed that the banks and related accounting firms, law firms and other service institutions involved in the case also had false statements, and was sentenced to bear joint and several liabilities with the issuer within its scope of responsibility. Yu Shaorong, the representative of the National People's Congress, the secretary of the Party branch and the director of the village committee of Five-Star Village, Leigu Town, Beichuan Qiang Autonomous County, Sichuan Province, was deeply impressed by the case because it involved the interests of a large number of participants. In her opinion

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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