Punish False Litigation and Maintain Judicial Authority

2022-11-09

Punishing false litigation is a major task deployed at the Fourth Plenary Session of the 18th CPC Central Committee, and it is also the political, legal and social responsibility of the people's courts. It is of great significance for protecting the rights and interests of the people, safeguarding economic development, maintaining judicial authority, and building a society of integrity and a country ruled by law. Strengthen the awareness of combating false lawsuits. Thought is the precursor of action. The root cause of all problems can be found in thought. Carry out ideological discussion and educate the police to deeply understand that false litigation is not only a damage to the legitimate rights and interests of the parties, but also a damage to the litigation order and a challenge to the judicial authority. Promote development with the advanced, stimulate the enthusiasm of the officers, and urge the police to consciously enhance their sense of mission and responsibility in combating false litigation. Compile the manual on the rectification of false litigation, establish a comprehensive prevention mechanism and a complete set of work processes for accountability in three stages: pre litigation, during litigation and post litigation, so as to effectively avoid "inaction" of over considering the right to sue, and effectively prevent "non filing" of cases for the reason of rectification of false litigation. We will strengthen the fight against false lawsuits. In order to control the chaos of false litigation, we should not only have a "zero tolerance" attitude, but also have a strong executive force to implement it. If there is no strong force to support the attack, it will be useless to have a heart of attack. Strengthen digital empowerment, effectively sort out problems and weaknesses, embed the information of false litigation dishonest persons and professional lenders into the case handling office platform as a whole, realize automatic early warning, marking reminder and initiative push, rectify "selective" law enforcement, improve screening efficiency, and strictly abide by the case entry barrier. Strengthen learning and training, and regularly promote the study of special business to prevent and combat false litigation; Unify the strike standard, set up a cross departmental professional screening team, and strive to develop the "eye of fire" to effectively screen false lawsuits. Strengthen the initiative to attack, implement the investigation and evidence collection in accordance with the authority, strictly investigate the "hand in hand" mediation, and with the determination of "finding clues, strictly investigate; obstructing justice, severely punish; suspected crimes, all transfer", improve the judicial discipline and strictly control the facts of the case. We will strengthen the review of implementation, give full play to the initiative in the implementation process, highlight the investigation and handling of issues strongly reflected by the parties in the procedures such as objection to implementation and participation in distribution, and strictly control the export of cases. Improve the effectiveness of combating false lawsuits. "With the power of ten cases, investigate the disadvantages of one case", the goal is to "rule the order of hundreds of cases", so that false lawsuits stop in the bud, so that integrity litigation becomes the fashion. Realize the "screen to screen" publicity of village residents, regularly publish videos of typical cases and judges' statements online, organize and carry out court trial observation and other activities, achieve the "double increase" of publicity effect, take advantage of the village cadres' familiarity with the situation, rectify disputes such as controversial private loans and separation of production, intervene early and investigate early, find out potential problems, and take the initiative to attack. We will promote "point-to-point" prevention in the industry, and work with market regulators, the People's Bank of China and other departments to promote targeted prevention education in areas where false lawsuits are frequent and easy to occur. Based on local judicial practice, carry out "rule of law physical examination" and case preaching, guide the competent departments of the industry to enhance their awareness of prevention, improve their verification ability, and improve the effectiveness of prevention and supervision within the industry. Realizing good faith litigation“

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:chinacourt.org

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