Ms. Zhang, an ordinary farmer in Fangcheng County, has been working outside the home with her husband for many years. The couple saved money and bought a house in the county, but due to emotional discord, the two finally chose to divorce. Since 2012, Ms. Zhang has been working alone in a catering company in Zhengzhou, and rarely has contact with her hometown.
On August 11, 2014, Mr. Li filed a lawsuit with the Fangcheng County Court, requesting that Ms. Zhang be ordered to repay the loan of 350,000 yuan and interest. After the court accepted the case, it served Ms. Zhang with legal documents such as summons and complaint by means of public notice. Ms. Zhang did not know about the announcement at all, and she did not receive legal documents, so naturally she did not respond to the lawsuit. On December 16 of the same year, the court issued a judgment, ordering Ms. Zhang to repay the principal of 350,000 yuan within 5 days after the judgment took effect, and the interest was calculated and paid at 4 times the interest rate of similar loans for the same period stipulated by the People's Bank of China, from the date of the loan (March 25, 2014) to the date of settlement. On the day of the judgment, the court still used the method of public notice to serve the civil judgment on Ms. Zhang.
On the Dragon Boat Festival in 2022, Ms. Zhang returned to her hometown in Fangcheng and saw the "Notice of Resumption of Enforcement" mailed by the Fangcheng County Court, so she knew that she had been sued by Li for repayment, and the case had entered the enforcement stage. I have not been in my hometown for many years and have never had financial disputes with others, why did I become a defendant?I don't know Li at all, so where to start borrowing 350,000 yuan from him?Since the case has entered the enforcement procedure, Ms. Zhang's house is facing seizure and auction, and Ms. Zhang is anxious and angry.
Prosecutors investigate the ins and outs.
In August 2022, Ms. Zhang applied to the Fangcheng County Procuratorate for supervision of the above-mentioned civil effective judgment. Ms. Zhang claimed that she and the plaintiff Li did not know each other at all, let alone have a loan relationship, and that the IOU submitted by Li to the court was forgedShe never received a court summons and never knew she was ......being sued
After the Fangcheng County Procuratorate accepted the case, the procurator in charge of the case reviewed the case file materials and identified two key issues: First, whether the procedure for serving the public notice in this case was legal;The second is whether there is an assignment of creditor's rights in this case.
In response to the first question, the prosecutor conducted an in-depth review of the procedures for serving the public notice and found that the court directly served the relevant legal documents on Ms. Zhang on the basis of a "certificate" issued by the villagers' committee. Article 77 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that "the supporting documents submitted by the relevant units to the people's courts in accordance with Article 65 of the Civil Procedure Law shall be signed or sealed by the responsible person of the unit and affixed with the seal of the unit". The Fangcheng County People's Court, without adopting other methods of service or verifying that the whereabouts of the parties were unknown, only announced the service of the response documents on the basis of flawed supporting materials, which violated the provisions of Article 90, Paragraph 1 of the Civil Procedure Law, deprived Ms. Zhang of her right to present evidence, cross-examine evidence, and debate, and affected the fair trial of the case.
In order to find out the second question, the prosecutor in charge of the case questioned the parties to the case, Li and Ms. Zhang, fully listened to the opinions of both parties, and found out that Li and Ms. Zhang did not know each other, but Li had lent 100,000 yuan to a third party, Lu, and Ms. Zhang had borrowed 100,000 yuan from Lu at a high interest rate. Because Ms. Zhang failed to repay the debt when it expired, Lu borrowed Li's ID card and entrusted a lawyer to sue Ms. Zhang to the court in Li's name. Thereafter, the Fangcheng County Court directly ruled in favor of Li's claim without verifying the identity of the plaintiff Li and in the absence of Ms. Zhang. When the prosecutor questioned Li, Li admitted that he had deposited 100,000 yuan in a microfinance company run by Lu, and Lu lent the money to Ms. Zhang. Later, it may have been that there was a problem with the capital chain of Lu's lending company, and Lu was unable to repay his 100,000 yuan when it expired, so he fraudulently used his name to sue Ms. Zhang to the court. Based on this, the prosecutor believes that there was an illegal transfer of creditor's rights in this case, and there was no loan relationship between the plaintiff Li and the defendant Ms. Zhang.
The sham judgment was revoked.
Article 115 of the Civil Procedure Law stipulates: "Where parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's court shall reject their litigation claims and impose fines or detention according to the severity of the circumstances."where a crime is constituted, criminal responsibility is pursued in accordance with law. Article 189 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates: "Where a litigation participant or other person commits any of the following acts, the people's court may apply the provisions of Article 114 of the Civil Procedure Law to deal with it: 1. Pretending to be another person to initiate a lawsuit or participate in a lawsuit......;After examination, the Fangcheng County Procuratorate held that the court's actions violated the above-mentioned legal provisions. At the same time, filing a civil lawsuit with the court should be an expression of the true intention of the parties, and the person entrusting the litigant needs to obtain the authorization of the client before initiating a lawsuit. Where there is no lending relationship between the two parties at all, and one party falsifies evidence or conceals the truth around the basic elements of the lawsuit for the purpose of passing on debts, and files a lawsuit with the court with a fictitious private lending relationship to obtain a judgment by fraud, it shall be found to be a false lawsuit.
On September 23, 2022, the Fangcheng County Procuratorate sent a procuratorial proposal to the county court, pointing out the illegal facts of the court in the process of hearing the case, suggesting that the court retry the case, and at the same time, transferring relevant clues about Lu and Li's suspected false litigation crimes to the public security organs.
On February 27 this year, the Fangcheng County Court retried and revoked the original judgment and rejected all the claims of the plaintiff Li.
[**Supreme People's Procuratorate].
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