Ten people encountered "routine loans", and online hearing relieved anxiety

Jin Mou and his associates to implement "routine loans" to many people such as Chen Moujun, Zou Mounan, etc., and maliciously used the litigation procedures to obtain a number of civil effective judgments to Chen Moujun and Zou Mounan. Apply for the court for compulsory execution. After the court trial, the judgment determined that Jin Mou and others were guilty of fraud. 10 victims such as Chen Moujun and Zou Mounan reported to the procuratorate that the previous case involved in civil false lawsuits was described ... On June 23, the highest prosecutor's procuratorial organs issued a simple public hearing. Typical cases, this "Chen Moujun and other civil false lawsuits applications for supervision of simple public hearing cases" ranked among them.

On September 22, 2015, Jin Moujun prosecuted Chen Moujun to the Yangpu District Court of Shanghai, asking Chen Moujun to return his borrowing principal of 400,000 yuan and the bank's loan interest rate for 4 times the calculation, and in the lawsuit Application for property preservation during the period. On February 1, 2016, the court made a civil judgment to support the plaintiff's all demands. Later, the court frozen and seized the property such as Chen Moujun's deposits, and incorporated Chen Moujun into the list of people who were dishonest.

In 2019, after investigation by the public security organs, the above -mentioned Chen Moujun and Zou Mounan and 10 people including 10 people involved in civil loan disputes were all "routine loan" fraud crimes implemented by the plaintiff Jin and his associates. It is also found that since 2015, Kim and Wu Moushan have successively increased the amount of loan loans and fake lawsuits in the cases of the victim Zou Mounan and other cases. Implement "routine loans", and maliciously use litigation procedures to obtain a number of civil effectiveness judgments.

Jin Mou and his associate Wu Moushan and others were arrested by the public security organs. On November 30, 2020, the Huangpu District Court of Shanghai believed that the defendants such as Jin Mou and other trials were the purpose of illegal possession, fictional facts, concealed the truth, and deceived others' property. The amount was huge. The court sentenced the defendant and other defendants to be sentenced to corresponding punishment. After the first trial was sentenced, Jin appealed, and the Shanghai Second Intermediate Court made a verdict on December 31, 2021. He believed that the court of first instance determined that the facts of the crime of fraud were clear and confirmed that Chen Moujun and other 10 people had the fraud case for the fraud case. The victim. The appellee Chen Moujun called the 12309 Procuratorate of the Yangpu District Procuratorate in February 2021 to reflect the aforementioned civil lawsuit.

After preliminary examination, during the review of the Huangpu District Procuratorate, the Shanghai Huangpu District Procuratorate discovered that there may be false lawsuits in civil loan disputes between Jin and Chen Moujun and others. The facts of false lawsuits are during the investigation and verification process. The Procuratorate of Yangpu District accused the procuratorate of the procuratorate immediately designated the organizer to collect the petitions of the victims such as Chen Moujun, carried out docking with the civil procuratorate, sorted out the evidence materials of the case, and inform the victims in time to the disposal process, and the clues of relevant false lawsuit cases were carried out in a timely manner. The case was dealt with and established a regular connection with the 10 complaints.

In order to effectively safeguard the legitimate rights and interests of the petitioners, after the complaint and the civil procuratorial department jointly received the appellant, they decided to adopt the departmental cooperation to carry out a simple public hearing method to answer the complaint's doubts about the facts of the facts and the application of law. In view of the severe situation of the epidemic prevention and control, this series of supervision cases involved a large number of appeal, decentralized residence, and inconvenience of travel. Three professionals such as legal experts, people's mediators, and lawyers were decided to be a hearing. Concentrated on a simple public hearing. In order to ensure the successful and effective development of the hearing, the Yangpu District Procuratorate formulated an investigation and verification outline and hearing procedure in advance to strive to be fully expressed by the demands of each victim. Multiple discussions to form a simple hearing plan for video conferences; accused the appeal of the procuratorial department contacted 10 appealists to confirm one by one to inform the online hearing time, method, and investigation inquiry procedure, etc., which received the understanding and cooperation of petitioners.

The hearing was chaired by the prosecutor of the prosecutor's prosecutor. The prosecutor of the civil procuratorate carefully listened to the appeal and basis of the appellant, responded in conjunction with the preliminary verification situation, and answered the appellant's questions one by one in accordance with the law. The hearing puts forward feasible suggestions on the evidence materials that the petitioners need to be collected and submitted further. At the same time, it is recommended that the procuratorial organs should distinguish between different circumstances of real loans and false lending in the process of reviewing the case on the basis of the facts of the facts. The method of notifying or prosecution proposals can be extended to the effectiveness of the case to promote the rule of law in the field of private lending.

(Source: Justice Network Writing: Liu Qian)

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