Civil administrative procuratorate
Hefei Procurator Sorts out False Litigation Clues
Time: August 8, 2016 Author: News source: Anhui Legal Daily [Font size: large | in | Small

   Hefei Procurator Sorts out False Litigation Clues

  
  

On August 2, the reporter learned from the Hefei People's Procuratorate that in the special work of one-year false litigation supervision organized by the city's procuratorial organs, as of the end of July, the city's two level procuratorial organs had obtained 35 high-quality clues to false litigation supervision cases.

In the Amendment (9) to the Criminal Law of the People's Republic of China, which came into force on November 1, 2015, a new article was added: "Whoever brings a civil action with fabricated facts, impairs judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. " False litigation is punished, which provides a powerful "weapon" for combating false litigation. Against this background, in April this year, the Hefei People's Procuratorate formulated and issued the Implementation Plan for Hefei Procuratorate to Carry out the Special Work of Supervising False Litigation, and decided to carry out the special work for one year from May 1. To this end, the "Hefei Special Leading Group for False Litigation Supervision of Procuratorial Organs" was also established, with the Procurator General as the group leader, the Deputy Procurator General in charge as the deputy group leader, and the heads of 10 departments, including the Anti Corruption and Bribery Bureau, the Anti malfeasance and Tort Bureau, the Public Prosecution Department, the Investigation and Supervision Department, the Civil Administration Procuratorate Department, and the Complaints and Appeals Procuratorate Department, as members. While clarifying the division of responsibilities and the obligation of coordination and cooperation of various departments, it also realized the sharing of case clues and information within the procuratorial organs. In order to seek the support of other political and legal organs, Hefei Procuratorate also held a "forum on supervision of false litigation" with the participation of people from courts, public security departments and other departments to explore the establishment of working mechanisms such as clue discovery, information sharing, transfer and cooperation.

In order to solve the "resistance" encountered in the fight against false litigation, the Hefei Municipal People's Procuratorate has specially formulated and issued the Interim Measures for Supervision and Guidance of Hefei People's Procuratorate on Major Cases of False Litigation, which takes the form of supervision or designated joint handling of major cases to eliminate local interference and other factors as far as possible to ensure the fairness and efficiency of case handling. For example, in a false litigation case involving up to 40 million yuan currently being handled, Hefei Municipal Procuratorate listed it as the No. 01 case for supervision of major cases in the special work of false litigation supervision, and designated Feidong County People's Procuratorate and Yaohai District People's Procuratorate to jointly investigate and handle it. At present, the case has completed the collection of peripheral evidence, and key witnesses have been questioned. The civil administration department of the procuratorial organ has also issued a "retrial procuratorial proposal" to the original trial court. According to the obtained clues of supervision cases, most of the parties to the cases filed false lawsuits for illegal purposes and motives such as evading debts, taxes, and defrauding others of money. (Huang Tao and Yuan Zhongfeng)