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