The Supreme People's Court provides a "ruler" for identifying false lawsuits.
On November 9, the Supreme People's Court held a press conference and issued the "Opinions of the Supreme People's Court on In-depth Carry Out the Work on Combating False Litigation" (hereinafter referred to as the "Opinions") to strengthen the screening, investigation and handling of false litigation. , emphasizing the crackdown on false litigation in key areas and strictly pursuing the criminal liability of perpetrators of false litigation.
Because false lawsuits are highly concealed, how to identify them is crucial. In this regard, the "Opinions" provide a "ruler" for identifying false litigation, summarize the eight characteristics of false litigation, list ten typical cases of false litigation, set out key points for rectifying false litigation, and build a system that runs through the entire process of case filing, trial, and execution. False litigation rectification mechanism.
Focus on areas such as housing sales
It is understood that the "Opinions" contain 24 articles, which mainly include overall work requirements, strengthening screening and investigation, rectification of false litigation in key areas, and strict criminal prosecution. Six aspects including accountability, strengthening team building, and carrying out systematic rectification.
Among them, the "Opinions" proposed that we should focus on key areas and increase rectification efforts. Private loan disputes, execution objection lawsuits, labor disputes, divorce and estate disputes, property disputes involving one party in a divorce case, corporate bankruptcy disputes, company split (merger) disputes, trademark disputes involving well-known trademarks, divorce and separation involving demolition Disputes over estate analysis, inheritance, house sales contracts, sales contracts involving macro-control policies such as housing purchase restrictions and motor vehicle allocation index controls, and disputes over debt repayment with property are all areas prone to false litigation. For the above-mentioned cases, the people's courts at all levels should focus on, strictly review, and intensify efforts to rectify false litigation.
In fact, in recent years, the phenomenon of evading housing purchase and sale restrictions through false lawsuits has increased. Properties under the names of some landlords are affected by purchase and sale restrictions and cannot be sold. Another group of home buyers are unable to enter the market because they are not qualified to purchase a home. As a result, a gray area of ??second-hand housing transactions emerged. Some people have made such houses enter the judicial auction process by fictitious debt disputes and home buyers' lawsuits against landlords, thereby bypassing the restrictions on sales and purchase restrictions and realizing housing transactions.
Yan Yuejin, Research Director of the Think Tank Center of the E-House Research Institute, told China Housing Network that such practices obviously violate the requirements of the lawsuit and also violate the spirit of "housing is for living, not for speculation" and must naturally be controlled. .
Based on this phenomenon, in the real estate field, the "Opinions" clearly require strict review of contract validity and rectification of false house purchase and sale lawsuits. If a lawsuit is filed under a fictitious house sales contract for the purpose of evading debts, evading execution, obtaining illegal demolition benefits, evading macro-control policies, etc., the contract shall be deemed invalid. If the buyer fabricates his qualifications to purchase a house and participates in a judicial auction of real estate and the bid is successful, if the parties or interested parties claim that the auction is invalid on the grounds that it violates public order and good customs, this should be supported. If the buyer fabricates his qualifications to purchase a house, causing the auction to be invalid, he shall be liable for compensation in accordance with the law.
In Yan Yuejin’s view, the policies announced by the Supreme Court have brought a lot of inspiration to intermediaries, housing buyers and sellers, etc. Some intermediaries think they have found a way to circumvent the home purchase policy and then match up buyers and sellers to close the deal, but in fact such practices have violated the law and will eventually face penalties. Therefore, the issuance of the "Opinions" also warns intermediaries and house buyers and sellers to abide by the existing home purchase policies and disciplines, and to clearly reject some so-called gray area transactions. Otherwise, if the transaction fails, it will easily hit the legal red line, and the gain will not be worth the loss.
Maintain a high-pressure crackdown on false litigation and actively explore the establishment of a "blacklist" system
In recent years, in response to the characteristics of false litigation in different periods, the Supreme People's Court has successively issued real estate regulations Under the policy, we will strictly review emergency notices for all types of false litigation, formulate guidance on preventing and sanctioning false litigation, further strengthen the punishment of false litigation crimes, issue judicial interpretations of the Civil Procedure Law, judicial interpretations of private lending, and judicial interpretations of handling false litigation criminal cases. Interpretations and other normative documents guide courts across the country in actively and orderly carrying out the work of cracking down on false litigation.
At the same time, a large number of false litigation cases were investigated and dealt with.
According to data released by the Supreme People's Court, from 2017 to 2020, courts across the country investigated and dealt with 12,300 false litigation cases. Among the 63 series of false litigation cases involving Heilongjiang Hongji Milan Real Estate Development Co., Ltd.'s execution objection lawsuit, all cases were rejected. penalties, with a total fine of 63 million yuan; *** concluded 2,079 criminal cases involving false litigation, and the number of cases has increased significantly year by year, including the gang-related case of Lin Moumou colluding with notaries to defraud the elderly’s real estate "routine loans", and the "routine loan" case of Yu Moumou A series of major cases such as the "Internet Routine Loans" project have effectively protected the legitimate rights and interests of the people.
In order to further rectify false litigation in key areas, the "Opinions" put forward three requirements for the punishment of criminal offenses involving false litigation: overall strictness, focus on crackdowns, and coordination between criminals and civilians, and the criminal liability of perpetrators of false litigation will be strictly investigated ; Maintain a high-pressure and severe crackdown on the illegal and illegal crimes of "routine loan" false lawsuits that have strong public feedback; do a good job in criminal-civilian coordination in terms of information communication, clue transfer, fraud detection and error correction, not only to crack down on false lawsuits, but also to provide relief to victims in accordance with the law right.
In this regard, the "Opinions" require people's courts at all levels to actively explore the establishment of a "blacklist" system for false litigation. Establish an information database for the list of dishonest persons in false litigation, and automatically identify the information of false litigants in the "initiation, trial, and enforcement" links. At the same time, we will actively explore the disclosure of the list of false litigants to the public and the credit punishment mechanism, strive to connect with the information database of credit reporting agencies, and promote the construction of the social credit system. Increase the illegal costs of false litigants through credit punishment.