Dozens of labor compensation cases show common doubts: Liaoning Donggang: screening false litigation clues based on procuratorial big data

2023-03-16

Prosecutors search for clues through big data platform. A few days ago, the Donggang Municipal Procuratorate of Liaoning Province received 35 legal documents revoking the original judgment. This means that a series of false litigation cases that have been planned for a long time, attempted to be paid first in the enterprise bankruptcy proceedings, and diluted the legitimate creditor's rights of others have been changed due to the protest of the procuratorial organ. In recent years, the Donggang Municipal Procuratorate has continuously increased its efforts to handle false litigation cases. After handling dozens of false litigation cases of labor compensation, the Donggang Municipal Procuratorate has summarized its experience in handling cases and established a "agent blacklist" database to include local agents who have engaged in false litigation. Subsequently, the court used big data thinking to search relevant judicial documents online in the way of "finding cases by people" to find clues of false litigation cases. At the beginning of 2021, a series of cases involving dozens of people in a container company in Donggang (hereinafter referred to as the container company) claiming labor remuneration came into the sight of the prosecutor of the court. According to the "unified management system of clues", the Donggang Municipal Procuratorate reported the clues to the Dandong Municipal Procuratorate. The two levels of procuratorates held a joint meeting of procurators using the integrated case-handling mechanism of the upper and lower levels to reach a consensus on the identification of facts, application of laws and investigation and evidence collection. In March 2021, the handling team of Donggang Municipal Procuratorate transferred more than 100 civil trial and execution files of the case from the court. Through reviewing the papers, the prosecutor found some doubtful points. First, the operating condition of the box company deteriorated from 2014 to 2015, with liabilities of millions of yuan. Its property has been sealed up and frozen by the court according to law, and is about to be auctioned by a bank; Second, the plaintiff's evidence in this case is single, and the period and amount of salary arrears are long and large; Thirdly, from the identity information of the plaintiffs, it can be preliminarily judged that at least a dozen people have kinship... All kinds of signs indicate that there is a high possibility of false litigation in these cases. Therefore, the case handling team contacted civil affairs, social security, public security, market supervision and management and other units to conduct a comprehensive analysis of the data, and the false facts of the lawsuit further revealed: the original judgment determined that Xiao was a worker engaged in loading and unloading of the container company, but after investigation, Xiao was mentally disabled, unable to take care of his own life, unable to engage in loading and unloading at all; The original judgment determined that Qu and Bo were workers of the box company, but after investigation, both were personnel of other units; The social insurance of Zhao, Li and other people in the series of cases was paid by the box company, which contradicted the unpaid social insurance claimed in the indictment; Several plaintiffs were relatives of Mou, the legal representative of the box company, including her husband, brothers and sisters. According to the preliminary judgment of the handling prosecutor, this is a series of false lawsuits that have been scheming for a long time, falsifying the payroll, fabricating and falsely increasing the amount of wages, attempting to get priority in the bankruptcy proceedings and diluting other legitimate claims. Donggang Municipal Procuratorate sorted out the clues of the above cases and transferred them to the public security organ, and intervened in advance to guide the investigation. According to the investigation, in 2015, the box company was about to be auctioned by a bank, so Mou pretended to borrow the identity information of 35 people such as Xiao, fabricated or falsely increased the amount of unpaid labor remuneration, and instructed the company's worker Kong and legal worker Zhu to act as entrusted agents to sue the box company for labor remuneration on behalf of 35 people such as Xiao. During the trial, Mou

Edit:Ying Ying    Responsible editor:Jia Jia

Source:jcrb.com

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