On December 21, the People's Court of Zhanyi District, Qujing City, conducted a false lawsuit for fabricating evidence in a civil retrial case, obstructing the people's court's trial of the case, Liao Moumou, a party to the case, who was judicially detained for 15 days and fined 10,000 yuan.
In August 2022, Rong Moumou drove a large truck and a small passenger car driven by Liao Moumou had a traffic accident that caused damage to the rear of Liao's vehicle. After the accident, Liao Moumou towed the vehicle to a 4S shop for maintenance, and during the repair process, the insurance company insured by Liao Moumou assessed the loss of his vehicle, and the 4S shop repaired it. After the repair of the damage assessment project was completed, because the parts installed by Liao Moumou when purchasing the car were also partially damaged, Liao Moumou continued to repair and install the parts in the 4S shop. During the maintenance process, Liao Moumou knew that the rear wheel steel rim, tires, and sensors of his vehicle were not damaged, and requested the 4S shop to issue a maintenance settlement and maintenance fee related voucher of 14,160 yuan including the rear wheel steel rim, tire, and sensor maintenance items in the form of pre-deposited repair fees. And in March 2023, he filed a lawsuit with the Zhanyi Court, demanding that Rong Moumou compensate 14,160 yuan for vehicle maintenance costs and a total of 54,660 yuan for car rental losses.
During the trial of the case, during the repeated questioning and trial by the presiding judge, Liao Moumou clearly stated that the rear wheel steel rim, tires, and sensors of the vehicle were damaged in the accident and repaired. After hearing in accordance with the law, the Zhanyi Court made a judgment and ruled that the defendant Rong Moumou should compensate the plaintiff Liao Moumou for vehicle repair costs and car rental losses totaling 54,660 yuan. After the judgment took effect, Rong XX applied to the Zhanyi Court for a retrial, and the Zhanyi Court decided to retry it after review.
During the retrial of the case, Liao Moumou once again clearly stated that the rear wheel steel rim, tires, and sensors of the vehicle were damaged in the accident and repaired, and the repair fee was paid. In order to ensure that the truth of the case is ascertained, the undertaking judge went to the 4S shop where Liao Moumou repaired the vehicle to conduct an on-site investigation. After investigation, Liao Moumou knew that the rear wheel steel rim, tires, and sensors of his vehicle were not damaged, and asked the 4S shop to issue relevant vouchers for maintenance settlements and maintenance fees including rear wheel steel rims, tires, and sensor maintenance items in the form of pre-deposited repair fees. It did not actually repair the above-mentioned items during the maintenance process, and the pre-deposited expenses were paid through the maintenance of the vehicle afterwards. In view of the fact that Liao's false statement obstructed judicial order and infringed on the legitimate rights and interests of others, the court decided to give Liao 15 days of judicial detention and a fine of 10,000 yuan. Cadres and police officers from the People's Procuratorate of Zhanyi District were present to supervise law enforcement.
After the Zhanyi Court announced the penalty decision against Liao, Liao Moumou said that he had deeply realized the error of his behavior, had no opinion on the punishment decision, and was willing to pay the fine immediately.
What is a sham lawsuit.
False litigation refers to the act of filing a false civil lawsuit by fabricating facts to seek improper benefits. False litigation not only disrupts the normal judicial order, wastes judicial resources, and infringes upon the legitimate rights and interests of the parties, but also seriously damages judicial authority and judicial fairness, and has a bad impact on society.
The first paragraph of Article 307-1 of the Criminal Law of the People's Republic of China stipulates that whoever initiates a civil lawsuit on the basis of fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine;where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Here, the majority of litigation participants are reminded to follow the principle of good faith and not to leave anything to chance, and the people's courts will adopt a "zero tolerance" attitude towards acts that obstruct litigation, and will be fined and detained according to the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law.