Demonstration of case | "Paid" execution objection

"Judge, I have transferred 150,000 yuan to the designated account in the court ..." This is a call from Miao Miao, an outsider of an execution of an incident. No complaints in the objection procedure are rarely involved in the case payment. Why does Miao pay such a "price"?

Introduction to the case

The second court of Beijing Second Intermediate People's Court applied for an implementation of an incident in the case of a case of a case of a related case, and found that Miao used the identity information of the outsiders of multiple cases, and submitted the authorization of the authorization and objection to the law firms for the authorization of the signature and handprint authorization. Application, proposed outsider objections. One of the cases in the case of the case of the incident, Bai, has died, and the other two of the cases in the case of the case of the incident Liu and Qiao Mou said that they did not know about the applied objection and did not issue any commission procedures.

In the case of the outsider's hearing process, Miao acknowledged the fact that the objections to the outsourcing outsourcing were proposed in the case. They believed that the disagreement procedure of the outsider could block the execution of the procedure. Considering that the execution of the objection procedure did not charge, the signatures and handprints were faked by the name of others. Foreigners objection. After the hearing process, Miao said that she realized the serious harmfulness of her behavior and submitted the "Repentance Book" to the court.

Court decision

Miao adopted the signature and handprints of fake objections to fabricate civil legal relationships, fictional disagreement disputes, and hindering the people's courts to review and implement cases normally. His behavior has constituted false lawsuits and shall punish him according to law. In view of Miao, Miao has submitted the "Repentance Book" to the court, and recognized the seriousness of his false lawsuit and sincerely regretted it.

In the end, the Beijing Second Intermediate People's Court decided to perform three false execution objections involved in Miao, with a fine of 50,000 yuan each and a fine of 150,000 yuan.

Judge Tips

1. False objection is not desirable

Executing objections refer to the outsider's independent physical rights in the process of executing the subject during the execution process, and requiring the people's court to exclude the mandatory enforcement of a specific target. Although the execution of the objection procedure does not charge the fee, it must not be a "loophole" for the implementation of objections, false lawsuits, and malicious delaying execution. The participants who try to pass the "drilling" will pay a legal cost.

2. Information protection does not ignore

The case is a false case caused by identity information. In daily life, we must keep our identity documents. Do not rent or borrow others at random or lending the identity documents and documents. When submitting a copy of the identity document, it is indicated. When personal information is leaked or used illegally, seek judicial assistance. Protect their legitimate rights and interests with legal weapons.

3. Supervision cooperation must be in place

When signing a legal service agreement, the law firm shall be fully verified with the authenticity of the client's identity and the authenticity of the commissioned materials. Relevant agencies shall strengthen the supervision responsibility, punish law firms and lawyers involving false lawsuits, coordinate and cooperate to form joint efforts , Prevent false litigation behaviors, help the construction of the rule of law in integrity.

Law link

"Opinions on the Supreme People's Court on the Rectification of False Litigation"

Article 9: In procedures such as objection, reconsideration, and participation in the people's courts, the investigation and punishment of false lawsuits shall be strengthened, and the situation that may occur for false lawsuits shall be reviewed.

Civil Procedure Law of the People's Republic of China

Article 114 Paragraph 1, paragraph 1: If the participants or other people have one of the following behaviors, the people's court may be fined and detained according to the seriousness of the circumstances; if a crime is constituted, criminal liability is investigated according to law: (1) Forgery and destruction of important evidence hindered the people's court to hear the case.

Article 118 Paragraph 1: The amount of fines for individuals is less than 100,000 yuan. The amount of fines for the unit is RMB 50,000 or less.

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