Recently, the Guide to the Application of the Fourteenth Batch of Guiding Cases, which was collected by the Supreme People's Procuratorate and published by China Procuratorial Publishing House, was screened and reviewed 53 cases were selected and included in this book as models to guide procuratorial organs throughout the country in handling cases. The false litigation supervision case of Wang Mouyi and Wang Moumou on private lending handled by the People's Procuratorate of Fengyang County, Chuzhou City, Anhui Province in 2018 was successfully selected.

It is understood that the false lawsuit handled by Fengyang County Procuratorate is the first case in Chuzhou procuratorial organ. Not only the original civil mediation statement was revoked, but also the relevant responsible persons were subject to corresponding civil and criminal penalties, maintaining the normal judicial order and promoting social integrity, fairness and justice.

case

Wang and Chu have a set of values in Shanghai 10 million real estate. After divorce, the property ownership certificate stated that Wang was the only person, but it was a common marital property. In order to preserve the house and prevent the ex husband from obtaining greater benefits, Wang discussed privately with his current husband Shi and devised a plan to achieve his personal goals through false litigation. Later, Shi arranged Wang Mouyi, the younger brother of Wang Moujia, a friend of Shi, to sign a false Real Estate Loan Mortgage Contract with Wang Mouyi. The main content was that Wang Mouyi borrowed 8 million yuan from Wang Mouyi with the real estate under his name as collateral. At the same time, he forged the bank statement of 8 million yuan transferred by Wang to Wang through multiple bank accounts, such as circular transfer. After everything was ready, Shi arranged Wang to entrust a lawyer to apply to the People's Court of Fengyang County for pre litigation property preservation. The court made a civil ruling on February 15, 2017 according to the contract provided by him, and sealed up the joint property of Wang and Chu. Then, Wang Mouyi sued Wang Mouyi to the court for repayment of the loan of 8 million yuan and the corresponding interest, liquidated damages, etc. Under the auspices of the court, "the plaintiff and the defendant" reached a mediation agreement, on which the court issued a civil mediation statement, legally confirming the civil act of borrowing 8 million yuan. Before the procuratorial organ intervened, the case had entered the stage of compulsory execution procedure.

After receiving the case, the Fengyang County Procuratorate, starting with verifying the basic information of the parties and the basic relationship between creditor and debtor, comprehensively combed the context of the case, found that the case was suspected of false litigation, and formulated a careful and detailed investigation plan. After examination, it was found that Shi, Wang, etc., used the means of fabricating facts and evidence to conduct false litigation, resulting in the court making wrong civil mediation statements and civil rulings, resulting in the consequences of sealing up property and starting enforcement procedures. In view of this, the court appealed to Chuzhou Procuratorate and received support. On May 25, 2018, Chuzhou Intermediate People's Court ruled and ordered Fengyang County Court to retry.

Same year On December 20, the court of Fengyang County made a civil judgment, holding that the defendant Wang Moumou in the original trial signed a false contract with the plaintiff Wang Mouyi in the original trial without a real legal relationship of private lending, created bank transfer flow and fabricated legal facts of private lending, should bear the corresponding legal liability, support the opinions of the protest authority according to law, and reject the claims of the plaintiff in the original trial, And impose a civil fine on them. At the same time, Shi was sentenced to one year's imprisonment, two years' probation and a fine of 300000 yuan for the crime of false litigation; Wang Moujia was sentenced to 10 months' imprisonment, one year and six months' probation, and a fine of 200000 yuan; Wang was sentenced to 10 months' imprisonment, one year and six months' probation, and a fine of 200000 yuan.