虚假诉讼现象不仅严重侵害当事人及案外人的合法权益,而且扰乱了正常的诉讼秩序,损害司法权威和司法公信力,破坏了社会诚信。1月9日,记者从浙江省高级人民法院获悉,2019年,浙江法院发现识别虚假诉讼案件2109件,罚款425件,拘留58件,涉罪线索移送公安1033件,定罪216件,其中以虚假诉讼罪定罪处罚99件158人,同比分别上升98%和52%。

The phenomenon of false litigation not only seriously infringes on the legitimate rights and interests of the parties and outsiders in the case, but also disturbs the normal litigation order, damages the judicial authority and judicial credibility, and undermines the social integrity. On January 9, the reporter learned from the Higher People's Court of Zhejiang Province that in 2019, the Zhejiang Court found 2,109 cases of false litigation,425 cases of fines,58 cases of detention,10,33 cases of criminal clues and 216 convictions, of which 99 were convicted of false litigation, up 98 percent and 52 percent respectively.

今年,全省法院将继续深入推进防范和打击虚假诉讼,民事制裁靠前、刑事打击断后,突出精准打击、加强源头治理,全流程防控,全方位制裁,全链条打击。

This year, the provincial courts will continue to push forward in depth to prevent and crack down on false lawsuits.

浙江高院副院长陈志君介绍,“套路贷”和虚假诉讼往往交织在一起。据不完全统计,浙江法院查处的涉虚假诉讼案件中,约80%集中在民间借贷领域,而“套路贷”本质上也是一系列以借贷为名的违法犯罪活动。全省法院主动将打“假”与治“套”结合起来,解决群众最恨最怨最烦问题的实际行动,突出问题导向,实行精准打击、重点打击。

Vice President Chen Zhijun of Zhejiang High Court introduced that \"routine loan\" and false litigation are often intertwined. According to incomplete statistics, about 80% of the cases of false litigation investigated and dealt with by zhejiang court are concentrated in the field of private lending, and \"routine loan\" is also a series of illegal and criminal activities in the name of borrowing. The provincial courts have taken the initiative to combine the \"fake\" with the \"cure\" to solve the practical action of the most hated and annoying problems of the masses, highlight the problem orientation, and implement the precision strike and the key strike.

据了解,台州法院开展“双打”活动,重点打击民间借贷领域的违法犯罪行为,2019年台州法院民间借贷案件同比下降近30%。其中三门法院一年累计向公安移送侦查16件,公安立案15件,已判处2件;拘留、罚款39人,罚款总额万元;宁波法院重拳整治虚假诉讼,公布职业放贷人170人,发布虚假诉讼黑名单130个自然人、6家企业,黄名单395个自然人、11家企业。拘留43人、罚款103人,判刑79人。

It is understood that the Taizhou court launched a \"doubles\" campaign, focusing on cracking down on illegal and criminal acts in the field of private lending, and the case of private lending in Taizhou courts fell nearly 30% year-on-year in 2019. Among them, three courts have transferred 16 cases to the public security for investigation in a year,15 cases have been filed by the public security, and two cases have been imposed;39 persons have been detained or fined, with a total fine of 10,000 yuan; Ningbo courts have severely clamped down on false lawsuits, publicized 170 professional lenders, issued a blacklist of 130 natural persons,6 enterprises, and 395 natural persons and 11 enterprises under the yellow list. 43 persons were detained,103 persons were fined and 79 persons were sentenced.

针对民商事案件审理中虚假诉讼识别难问题,舟山中院出台《民间借贷领域虚假诉讼防范与识别类案指引》,根据案件审执流程归纳梳理识别虚假诉讼的重要步骤与审查方法,诉前及立案审查阶段强化信息收集,审前阅卷及准备阶段强化证据审查及关联案件检索,庭审阶段强化诉讼两造对抗及法庭调查引导,审后调查阶段强化依职权调查。

In view of the difficulty of identifying false lawsuits in the trial of civil and commercial cases, the Zhoushan Intermediate People's Court issued the Guidelines on the Prevention and Identification of False Litigation Cases in the Field of Folk Lending, summarizing and identifying the important steps and examination methods of false litigation according to the procedure of case adjudication, strengthening the information collection, strengthening the examination of evidence and related cases in the pre-trial marking and preparation stages, strengthening the two-confrontational litigation and court investigation in the trial stage, and strengthening the investigation according to the authority in the post-trial investigation stage.

全省三级法院强化“一盘棋”理念,强化立审执衔接,畅通信息共享渠道,建立起从虚假诉讼的甄别预警、线索归口移送、民事制裁、刑事处罚、挂牌督办以及责任追究一整套工作流程,初步构建了内外联动、齐抓共管的防范和打击虚假诉讼长效工作机制。宁波海曙法院专门成立由多个部门员额法官组成的虚假诉讼甄别小组,集中智慧甄别虚假诉讼。

The three-level courts throughout the province have strengthened the concept of \"one game of chess,\" strengthened the link of standing and holding trials, unblocked channels for information sharing, established a whole set of work processes from the screening and early warning of false litigation, the transfer of clues, civil sanctions, criminal penalties, supervision of listing and accountability, and preliminarily constructed a long-term working mechanism for preventing and cracking down on false litigation through internal and external linkage and joint management. Ningbo Haishu Court specially set up by a number of departments composed of judges of false litigation screening group, centralized wisdom to identify false litigation.

近年来,无论是立法机关还是司法机关,都出台了许多防范和打击虚假诉讼的制度、规定,但实践中也反映存在“最后一公里”现象。而随着经济社会的发展,虚假诉讼也不断呈现出新的特点,暴露出识别难、移送难、处罚难等问题。

In recent years, both the legislature and the judiciary have introduced many systems and regulations to prevent and combat false litigation, but the practice also reflects the existence of \"last kilometer\" phenomenon. And with the development of economy and society, false litigation also constantly presents new characteristics, exposing the problems of difficult identification, transfer and punishment.

为此,浙江高院在广泛调研和实践基础上,分别于去年12月、今年1月制定下发《浙江省高级人民法院关于进一步防范和打击虚假诉讼有关问题的解答》、《关于办理虚假诉讼刑事案件有关问题的解答》,内容主要包括虚假诉讼行为的类型、虚假诉讼行为的防范与甄别、虚假诉讼行为的审查与移送、虚假诉讼行为的制裁与打击等四大方面。

To this end, on the basis of extensive investigation and practice, the Zhejiang High Court, in December last year and in January this year respectively, formulated and issued the \"Answers to the Higher People's Court of Zhejiang Province on the Further Prevention and Combating of False Litigation Related Questions\" and \"Answers to the Handling of Criminal Cases of False Litigation \", which mainly include four major aspects: the types of false litigation acts, the prevention and screening of false litigation acts, the examination and transfer of false litigation acts, and the sanction and strike of false litigation acts.

据了解,浙江不仅仅规定“双方串通型”的虚假诉讼,而且将实践中大量存在的“单方欺诈型”虚假诉讼也纳入其中,将“单方”伪造、变造、隐匿、毁灭证据或指使、贿买、胁迫他人作伪证等进行规定,体现从严打击的特点。

It is understood that zhejiang not only stipulates the false litigation of \"collusion between the two sides \", but also includes a large number of\" unilateral fraud \"false litigation in practice, including the provisions of\" unilateral \"forgery, alteration, concealment, destruction of evidence or instructions, bribery, coercion of others for perjury, etc., reflecting the characteristics of strict crackdown.

为加强虚假诉讼的防范与甄别,浙江要求,在立案环节,让当事人、诉讼代理人签署《诚信诉讼承诺书》,在庭审中,对有虚假诉讼嫌疑的案件,合议庭或主审法官让当事人、诉讼代理人及其他诉讼参与人当庭进行诚信诉讼宣誓并签署《诚信诉讼保证书》。对于涉嫌虚假诉讼的案件,法官应尽到合理审查义务,该调查的应该调查,该传唤的应该传唤。法官未尽到合理审查义务的,应当按照司法责任制要求进行追责。

In order to strengthen the prevention and screening of false litigation, zhejiang demanded that, in the process of filing a case, the parties and agents ad litem sign the letter of commitment of good faith litigation, and in the trial, the collegial panel or the presiding judge let the parties, agents ad litem and other litigant participants take the oath of good faith litigation in court and sign the letter of guarantee of good faith litigation. In the case of suspected false lawsuit, the judge should fulfill the duty of reasonable examination, the investigation should be investigated, and the summons should be summoned. If a judge fails to fulfill his duty of reasonable examination, he shall pursue his responsibilities in accordance with the requirements of the judicial responsibility system.

针对当前司法实践中移送材料不明确、移送公安机关衔接不通畅等问题,浙江高院和省公安厅、省检察院等进行有效沟通,对于在司法实践中对部分篡改型的虚假诉讼行为应如何处罚、未达到情节严重标准的虚假诉讼行为人应如何处理等问题达成共识,通过刑事严惩诉讼失信行为,维护司法权威。

In view of the unclear transfer materials in the current judicial practice and the unsmooth connection of the transfer to the public security organs, the Zhejiang High Court and the Provincial Public Security Bureau and the Provincial Procuratorate have effectively communicated, reached a consensus on how to punish some of the tampering-type false litigation acts in judicial practice and how to deal with the false litigation perpetrators who fail to meet the serious circumstances standards, and maintain the judicial authority by severely punishing the breach of faith in criminal proceedings.

两份《解答》一起构成防范和打击虚假诉讼“1 1 x”体系中的“1 1”内容,力求打造“最严打击虚假诉讼措施”;还将进一步落实完善虚假诉讼失信人名单制度、关联案件检索机制、重点领域案件防范虚假诉讼工作指引等,完善“1 1 x”体系中的“x”内容,全流程防控,全方位制裁,全链条打击,真正做到史上“最严”,让虚假诉讼无处藏身。

Together, the two \"answers \"constitute the \"11\"content in the system of preventing and cracking down on false litigation, and strive to create \"the strictest measures to crack down on false litigation \".The \"x \"content in the \"11 x \"system will be perfected, and the \"x \"content in the \"11 x \"system will be perfected.

今年,全省法院将把《解答》的落实作为重要任务来抓,逐项对表、逐条落实责任,以钉钉子的精神切实解决防范和打击虚假诉讼中的识别难、移送难、处罚难等问题。特别是要把民事制裁靠前做深做实,把好立案和审理关口。

This year, the provincial courts will take the implementation of the \"Answer\" as an important task to grasp, one by one to the table, one by one to carry out the responsibility, with the spirit of nails to effectively solve the prevention and combat false litigation in the identification, transfer, punishment and other issues. In particular, civil sanctions should be put forward to do a good job, a good case and trial.

同时,全省法院将继续加强案件质量建设,加大对虚假诉讼的审查力度,压紧压实民商事法官的责任,对未尽合理审查义务的法官,应按照司法责任制的要求,承担相应审判责任。此外,法院工作人员参与虚假诉讼的,一律从严处理。(郭扬)

At the same time, the provincial courts will continue to strengthen the construction of case quality, intensify the examination of false litigation, tighten the responsibility of civil and commercial judges, and assume corresponding judicial responsibility for judges who have not fulfilled their duty of reasonable examination. In addition, any person who participates in a false lawsuit shall be dealt with strictly. (Kwok Young)


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