People's Daily Online, Beijing, December 28 (Bo Chendi, Gao Gaoyang) On December 27, the Supreme People's Court selected and released five typical criminal cases of debt evasion through false litigation that have taken effect in recent years, so as to clarify the legal consequences of relevant acts and effectively respond to social concerns.
In recent years, some natural persons, legal persons and unincorporated organizations have maliciously evaded the performance of their debts through false litigation, which has aroused widespread concern in society. This kind of debt evasion through false litigation directly infringes on the interests of creditors, seriously deviates from the rule of law culture of honest and trustworthy operation, and requires a variety of legal means, including criminal means, to be comprehensively rectified.
The five cases released this time focus on the typical behavior of debt evasion through false litigation in practice. Among them, Case 1 "Zhou Mouqiong et al. False Litigation Case" in which the perpetrator transferred his property through false litigation and maliciously evaded the performance of his debts;Case 2: "Liu Mouchun and Yang Mouyong's False Litigation Case", the perpetrator obstructed the people's court from enforcing the seized property by raising an objection to enforcement on the basis of fabricated facts;Case 3: "Hu Mouli and Tao Mouyun's False Litigation Case", the actor filed an enforcement objection and enforcement objection lawsuit based on fabricated facts, maliciously interfering with the people's court's compulsory enforcement, resulting in the creditor's claim being unable to be repaid in a timely mannerCase 4: "Zhou Mouyun's False Litigation Case", the actor applied for arbitration with fictitious employee wages and applied to the people's court for the enforcement of the labor arbitration mediation agreement in order to transfer the frozen funds and evade the performance of the repayment obligation to other creditorsCase 5: In the case of Zheng et al., the actor obtained an effective judgment of the people's court by fabricating the civil legal relationship of creditor's rights and debts, and then declared false creditor's rights in the bankruptcy proceedings of the enterprise, with the intention of achieving the purpose of transferring the company's property.
According to the Supreme People's Court, it should be noted that the above five cases all belong to the "collusion between the two parties" false litigation, and in practice, the evasion of debts through false litigation also mainly belongs to this type, where the parties "hand in hand" go to the people's court for civil litigation, there is no substantive confrontation in the litigation, and most of the cases are closed by mediation, the behavior pattern is relatively hidden, it is difficult to find, investigate and collect evidence, and the clues of the case are more than the accusations and reports of the injured party. In the course of hearing such civil cases, people's courts need to attach great importance to accusations and reports by third parties outside the case and procuratorial suggestions put forward by procuratorial organs, and make full use of information technology to promptly discover and effectively punish illegal and criminal acts of false litigation.
It is reported that in the next step, the people's courts will continue to increase the intensity of punishment for all kinds of illegal and criminal acts of false litigation, including the evasion of debts through false litigation, further unify the standards for adjudication of cases, improve the work system and mechanism, increase the intensity of screening and investigation, pay close attention to fairness and efficiency, improve the quality and efficiency of the trial of false litigation cases, and make greater contributions to the construction of a creditworthy society and a country under the rule of law.