Top grid punished 100,000 yuan!Chengdu Qingyang Court fined a fake party for a false lawsuit

Cover news reporter Dai Zhuxin

The fact that malicious fictional borrowings are filed for false lawsuits, in an attempt to obtain illegal interests during the company's liquidation process. Recently, the reporter learned from the Qingyang Court of Chengdu that the court fined a fine of 100,000 yuan against the parties to a false lawsuit.

In 2017, Deng Moumou filed a civil lawsuit to the Qingyang Court, requesting a company to repay the principal of 10 million yuan and interest of 3 million yuan in interest, and submitted the "Borrowing Agreement", receipt, supplementary agreement, and bank card transaction details list to prove it.

During the trial, after mediation, the two parties reached a repayment mediation agreement, and the court produced a mediation letter accordingly. After the mediation document had legal effect, Deng Moumou applied to the court for compulsory execution.

During the execution process, the case (the company's legal representative) appealed, and the Qingyang Court reviewed the case in accordance with his authority to enter the retrial and suspend the implementation according to his authority. During the retrial, the main evidence of Deng Moumou provided in the original lawsuit was forged.

The Qingyang Court believes that Deng Moumou and the then company's liquidation team Xu Mou maliciously colluded with the facts of the fictional composition, filed a false lawsuit, sentenced to revocation of the original mediation, and rejected Deng Moumou's lawsuit. After Deng Moumou's appeal, the Chengdu Intermediate People's Court rejected the appeal and maintained the original sentence.

In response to the false lawsuits of Deng Moumou and Xu, the Qingyang Court made a decision to fine 100,000 yuan each.

According to the judge, false lawsuits damage the social integrity system, harm national interests, social interests, or third parties, impairment of judicial order, waste judicial resources, and damage to judicial authority.

Since the "Civil Procedure Law" has added false litigation norms, the rectification of false lawsuits has always been a key issue in judicial practice. Essence Increased punishment for false lawsuits helps to create a litigation environment of honesty and trustworthiness.

The case is a typical false lawsuit case. The parties have adopted a civil lawsuit in the way of falsifying evidence, fabricating basic facts, and fictional civil disputes, and deceived the people's court mediation.

The court re -trial found that the "Loan Agreement", receipt, "Supplementary Agreement", and Agricultural Bank of China card transaction details submitted by the plaintiff Deng Moumou had obvious flaws, and each evidence could not confirm each other. The account name of the bank flow list account is artificially painted, and the displayed amount and strokes displayed by the transaction details of a company cannot correspond to each other. At the same time, through the investigation of the public security organs and the statement of Deng Moumou and Xu during the trial, it is enough to prove that Deng Xu Mou, who was the head of the clerk group of a certain company, maliciously colluded with the fact that the fictitious composition involved the facts of the loan and filed a false lawsuit.

Article 112 of the Civil Procedure Law of the People's Republic of China stipulates that "maliciously colludes between the parties and in an attempt to infringe the legitimate rights and interests of others through litigation and mediation. The detention; if the crime is constituted, the criminal responsibility is investigated in accordance with the law. "The court then retracted the original mediation of the original trial in accordance with the regulations and rejected the lawsuit of the plaintiff Deng Jiurong.

At the same time, in accordance with the provisions of Article 115 of the Civil Procedure Law of the People's Republic of China, "The amount of fines for individuals is less than 100,000 yuan ..." The top is punished by 100,000 yuan.

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