Improper punishment of dishonest lawsuit

2023-02-27

● Fabricate false evidence in order to win the lawsuit, collude maliciously and make false testimony, even the original and defendant "hand in hand" to fight against the fake lawsuit and cheat the court... The dishonest lawsuit uses the judicial procedure originally used to achieve fairness and justice as a "gun", and lets the court act as the "backer" of illegal acts, seriously disrupting the normal judicial order and damaging the judicial credibility ● Facing the dishonest lawsuit, Many judges have the problem of "not wanting to manage, not being able to manage, not being able to manage well and not dare to manage". Taiyuan Intermediate People's Court issued a series of guidelines to guide the judges to "avoid the pit". If the judges were unjustly visited and reported due to the regulation and punishment of dishonest litigation, the discipline inspection and supervision department took the initiative to intervene, clarify the facts in time, and eliminate the impact. ● A letter of commitment was customized for all participants in the litigation to guide the participants in the litigation in good faith; The work guidance was issued to systematically explain how to regulate the dishonest litigation behavior of litigation participants from 13 aspects; The People's Court of Wanbailin District, Taiyuan City, Shanxi Province, sentenced the defendant Yin Mou to three years' imprisonment and fined 20000 yuan for the crime of false litigation, not long before he continued to strengthen the fight against dishonest litigation. It turned out that in the case of loan dispute between Mr. Yin and Mr. Huang, the court announced the service of litigation documents according to law and made a default judgment based on the evidence submitted by Mr. Yin, and enforced the property of Mr. Huang. After that, the court found that the facts stated by Yin and the evidence submitted were forged, so it hid Huang's contact information from the court and the fact that he filed a lawsuit from Huang. This is a vivid practice of the Taiyuan court system to increase its efforts to crack down on dishonest litigation, and also a microcosm of the continuous improvement of dishonest litigation and optimization of litigation ecology. In order to win the lawsuit, fake evidence was fabricated, malicious collusion and perjury were made, even the original and defendant "hand in hand" to fight against the fake lawsuit and cheat the court... The dishonest lawsuit used the judicial procedure originally used to achieve fairness and justice as a "gun", and let the court act as the "backer" of illegal acts, seriously disrupting the normal judicial order and damaging the judicial credibility. In recent years, the Taiyuan Intermediate People's Court has adhered to the problem-oriented principle, deepened the reform, made efforts both internally and externally, and made great efforts to optimize the litigation ecology. At present, a full-coverage, all-directional, full-process, closed-loop regulation mechanism for dishonest litigation has been basically established, a multi-party joint prevention and co-governance pattern has taken shape, and the situation of dishonest litigation has been initially curbed. How to solve the problem of "Four Nos" of judges from the perspective of ideological mechanism? "First of all, we should start with judges." Yang Xiaoyu, a full-time member of the Judicial Committee of the Taiyuan Intermediate Court, told the reporter of the Rule of Law Daily that in the face of dishonest litigation, many judges have the problem of "not wanting to manage, not managing, not managing well, and not dare to manage". In order to solve the problem of "four not", the Taiyuan Intermediate Court starts with thinking and mechanism. As early as 2020, the Taiyuan Intermediate People's Court issued a special work plan with the theme of "strictly observing judicial discipline, severely punishing false litigation, and optimizing litigation ecology". By strengthening the ideological education of judges, we can optimize the judicial concept internally, rectify the judicial style, standardize judicial behavior, and solve the problem of "not wanting to manage". At the same time, with the business divisions of the municipal courts as the main body of responsibility, the civil and commercial affairs and enforcement cases that have been settled in the department in the past three years, especially those involving private lending and transfer of creditor's rights

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:legaldaily.com

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