After the house was collected, 41 debt disputes suddenly emerged ｜ 9:30 tonight

Together series of execution cases

The executed person fictional large debt disputes

Attempt to dilute the claims

Native

Procuratorate by drawing

Classification of cases, capital transfer, legal elements

Three pictures

Let the false lawsuit be the original

From the loan to the prosecution to the execution, is there any other purpose behind the party's "one harmony"? In a short period of time, are these cases that have emerged in large quantities? The lenders' illegal transfer of loan "eating spreads" is so smooth. Does it implies the loopholes and hidden dangers of bank compliance supervision?

Recently, the reporter learned that in the process of reviewing a report clue, in the face of many doubts, the prosecutor's case of the case of the case of the case of the case of the case of the case of the case of the case of the false lawsuit was found to the court. All ruling for retrial; at the same time, it was discovered that "cases in the case" and issued 2 social governance procuratorial proposals to relevant financial enterprises and regulatory departments to promote the management level of compliance management in the financial industry. In this series of cases of supervision, the two were punished for criminal punishment for civil "false lawsuits", and the other parties with minor circumstances also faced fines such as fines.

A letter of report

Take out a weird series of execution cases

"Huang's real debt is far less than 30 million yuan. Suspected. The hospital immediately set up a case handling team to handle the case.

"In the past, the experience of handling cases told us that this series of cases of enforcement are likely to have problems, but a brief report letter also allows us to find a clue for a while." The prosecutor handling the case said that in order to explore the truth, they retrieved from the court to retrieved the court. The distribution scheme of the enforcement case involved in the Huangli series.

Relevant case materials show that in 2017, multiple people sued the court for a mechanical and electrical school with a civil loan dispute or other civil disputes on the grounds that they were prosecuted to the court or a mechanical and electrical school that was appointed as the legal representative. From 2018 to 2020, a total of 41 cases were tried in the court, and a total of 41 cases were formed by mediation, judgment or issuing a payment order. After the relevant legal documents came into effect, the case had entered the execution procedure.

During the implementation, the house was collected by a certain mechanical and electrical school under the name of Huang, and the currency compensation reached more than 49 million yuan. In July 2020, the court formulated a distribution plan for the enforcement of the Huang of Huang. According to the distribution plan, the total distribution debt is compensation for the demolition of the mechanical and electrical school under the name of Huang, and after except for the priority debt, the general creditors participate in the distribution ratio of 78.9%.

The prosecution time of the above 41 cases was mostly concentrated around 2017. At that time, the real estate of the executed person Huang had determined to be demolished. The case -handling prosecutor infected that during that time, a large number of civil cases with Huang as the defendant had an intensive influx of civil cases, which is likely to include a "false lawsuit" that many people planned, the purpose was to dilute the claims.

Three pictures

Open the false lawsuit puzzle

If the dossier who retrieved all 41 cases from the court review one by one, it will not only take a long time, but it is also difficult to find hidden virtual claims by relying on the scrolls. The huge number of cases and no targeted direction made the investigation in trouble.

"Although the false lawsuit is very concealed, it is still regular." The prosecutor handling the case decided to based on the characteristics of false lawsuits, systematically sort out the case category, legal elements, and capital trends. Essence As a result, the confusing case clearly emerged-

The first picture -Classification diagram of the case. The prosecutor handling the case from the priority debt and ordinary creditor's rights, or whether the case is judged or mediation, the court will be classified whether the court is based on the four standards and dimensions of the court, the field of multiple courts, and the multi -issued field of the false lawsuit, and the case of the case. According to the classification diagram of the case, the two civil lending disputes tried in a court have interspersed among the elements, and the prosecutor handling the case quickly lock the breakthrough.

When reviewing the dossier, the prosecutor handling the case found that there were several details of these two cases: the original and the defendant in the court, and the duration of the lawsuit was short. Unusually smooth. In this case, why do both sides go to court? What's even more strange is that the "creditors" Chen's 4 million yuan "borrowed funds" conducted 9 transfers through seven people within 5 hours; the "creditors" Liu's 3 million yuan "borrowing funds" was within 3 days. Ten transfer, withdrawal, re -deposit, and transfer through six people. Among these two cases, the funds frequently turned into the transfer situation.

In order to find out the truth of the two cases, the prosecutor handling the case drawn the second picture -the capital flow transition. The prosecutor starts from the bank flow voucher provided by the "creditor" in the trial, and traces the upstream account of the fundamental source of the creditor's funds, the balance of the debtor's funds, and the capital account of the relevant personnel. The whereabouts.

It turned out that Chen and Liu used the funding for Huang without real borrowing funds to use the transfer voucher in the loop of funds to file a false lawsuit with the court. Based on this, the procuratorial organs transferred relevant clues to the public security organs. Chen and Liu admitted after the case that they did fictional borrowing relationship with Huang and a "false lawsuit".

In addition to these two cases, is there a false lawsuit in other cases? In order to find out the capital circulation path of the implementation of the case of the Huang of Huang, the Procuratorate of the Sicai Mountains hired a professional audit institution to conduct a special audit of the 25 cases in the case of the case of the Huang of Huang. On this basis, the prosecutor handling the case drawn the third picture -the legal element diagram. From the perspective of the subject of the lawsuit, the important prosecutors are Huang's relatives or friends, and many people have never appeared at the creditors meeting; from the aspect of the claim, the lawsuit request of the important prosecutor is required to repay Huang. Borrowing; consolidation from the facts of the case and the line of litigation process, the prosecution time of important prosecutors was mainly concentrated around 2017. At that time, Huang had more external debt, and his property had been determined to be demolished. , Quickly settled with Huang by mediation, and the original and defendants did not appeal. The case quickly entered the execution procedure, and then the indictment quickly applied for participation in the distribution.

The drawing of the legal element diagram makes the path of false lawsuits in the case of the case of the case of the case of the case of a series of cases jumping on the paper. The prosecutor handling the case revealed the mysterious veil of 41 cases involving 41 cases and a total amount of more than 50 million yuan.

It turned out that in order to dilute the claims, Huang either used some claims and interests through virtual increase, or for a bank withdrawal through professional lenders, relatives and friends, and forged false flow with funds by looping, or through corporate financial personnel, associated with affiliation The bank account of an enterprise, with the flow of water operating normally during the duration of the enterprise, as a creditor's right to prove the loan relationship between individuals, and file a false lawsuit to the court.

One debit

Treatment of the financial industry governance

In the process of handling the case, a debit in the case of Huang and Wang's folk lending dispute attracted the attention of the prosecutor of the case.

When tracing the source of funds of Wang Mou, the prosecutor handling the case found that Wang's funds that Wang had lent to Huang for four consecutive years came from his personal loan applied to a commercial bank. Wang loaned bank credit funds and then lent to Huang, the purpose is to earn interest differences.

Why did Wang's illegal transfer of profit on profitability went so smoothly? The prosecutor handling the case learned that Wang was an employee of the commercial bank. Difference.

Is this a single phenomenon or an industry problem? In order to find answers, the Procuratorate of the Sicai Mountains conducted an in -depth social survey on the relevant risks of financial institutions in the region, focusing on whether regional banks had strictly implemented internal regulatory mechanisms such as lending separation, graded approval and other internal supervision mechanisms. Professional compliance personnel carry out risk prevention and control, as well as whether the financial regulatory authorities have strengthened their accountability and accountability whether the illegal or illegal acts existing in individual banks.

The financial industry is high, and the research must be based on a certain understanding of financial knowledge and financial business. In order to improve the targeted and accuracy of this social survey, the prosecutor handling the case has specially learned relevant financial knowledge, started from the bank's credit business, combined with the requirements of the financial industry's internal control compliance construction requirements, and analyzed a number of targeted issues. A heavy procuratorial suggestion was proposed to the financial regulatory authorities.

"All banks conduct the main points of the work of the" internal control compliance management years', and conduct a comprehensive 'physical examination' from 91 specific matters in 10 aspects. Six banks have revised the internal control rules and regulations ... "Two months later The regulatory authorities reported the implementation of the procuratorial advice to the Procuratorate of the Sicai Mountains.

"Systemic and three -dimensional cases of handling cases have unveiled false lawsuits, and the issuance of procuratorial proposals not only promotes the social governance of the financial field, but also reduces the risk of false lawsuit cases in this field to a certain extent." Huangshi City City Qin Guowen, deputy secretary of the party group and deputy prosecutor of the Procuratorate, evaluated the case.

Prosecutor

Thinking with systemic rule of law

Promote the governance of false lawsuits

False litigation is called the "tumor" hidden in the judicial field. It is the most concentrated manifestation of integrity in the field of litigation. It not only violates the legitimate rights and interests of the parties, disrupted the normal order of lawsuits, but also harms judicial authority and judicial credibility. As a legal supervision organs, it is the meaning of cracking down on false litigation, maintaining the rights and interests of the parties and the principles of judicial trust.

This case is a series of cases, with complicated cases and many people involved. While the procuratorial organs have actively participated in the financial industry governance while strong supervision, cracking down on false lawsuits, and criminal acts, and achieving the organic unity of "three effects". Throughout this case, the following three typical characteristics can be summarized: First, strengthen system thinking and dig deep into thorough investigation clues. In the findings of the clues, both the investigation and review work of clue sources such as reports of victims and reports of the masses also took the initiative to make a comprehensive analysis and judgment. The second is to pay attention to the combination of internal and external to form a combination of strike. Establish the concept of internal review, external investigation, and guiding investigation, and systematically sort out the three major elements of cases to find out the breakthrough of the case by drawing. Organs, courts, disciplinary committees, etc. have achieved cross -sectors, cross -level, and cross -sectors to handle case handling cases, and condense work joint efforts. The third is to perform duties in accordance with the law and promote the governance of the source of the law. Put false litigation supervision at the high degree of promotion and implementation of the modernization of the national governance system and governance capabilities. In response to the risk loopholes of the financial industry found in the case, issue social governance procuratorial suggestions, and extend the focus of procuratorial supervision to "forward" to extend the focus "I control" promotes "Du Guan" and prevent false lawsuits from the source. (Xiang Jinqiao, Procuratorate of Huangshi City, Hubei Province) (Prosecutor's Daily Author: Liu Yiting Cai Mingyi Comic: Yao Wen)

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