Case 1
Fan Houchuan's Series of False Litigation Supervision Cases of Obtaining Judgments by Fraud
[Main point]
The parties unilaterally fabricate facts by means of falsifying evidence, false statements and other means to bring a civil lawsuit, defraud the people's court of civil judgments, seek illegal interests, damage the judicial order, and constitute a false lawsuit. If the procuratorial organ finds false clues of litigation cases in the process of performing its duties, it shall accept them according to its authority, review them in a timely manner, fully perform its legal supervision duties, urge the court to correct wrong judgments, hold relevant personnel accountable for criminal liability, and maintain judicial order.
Basic Case
In 2015, Zheng and other nine people sued the Fourth Branch of A Construction Group Co., Ltd. (hereinafter referred to as "the Fourth Branch of A Construction Group") and the First Construction Group Co., Ltd. (hereinafter referred to as "the First Construction Group") to the People's Court of Hefei High tech Industrial Development Zone on the ground of private lending disputes, saying that the Fourth Branch of A Construction Group Co., Ltd. needed capital turnover for construction projects, A total of 4.79 million yuan was borrowed from nine lenders such as Zheng, and the Fourth Branch of Party A issued a Debit Note or a Debit Note to them, which were stamped with the special financial seal of the Fourth Branch of Party A and the personal seal of the person in charge, Fan. Zheng Moumou and other nine people repeatedly pressed for arrears but failed, so they sued and ordered the Fourth Branch of Party A and the Construction Group of Party A to repay their loan principal and interest. After hearing by the People's Court of Hefei High tech Industrial Development Zone and the Hefei Intermediate People's Court, except that Fan Mousheng admitted that the loan involved was Fan Houchuan's personal loan and was defeated, Zheng Moumou and other eight people's claims were supported by the second instance judgment of Hefei Intermediate People's Court.
[Supervision by procuratorial organs]
Clue discovery After receiving the civil petition of the first instance, Party A Construction Group believed that the nine private loans were without its knowledge and the related civil proceedings were suspected of fraud, so it reported the case to the Economic Development Zone Branch of Hefei Public Security Bureau, which made a decision not to file the case after investigation. A Construction Group applied to the People's Procuratorate of Hefei High tech Industrial Development Zone for case filing supervision. After the supervision of the procuratorial organ, the public security organ decided to file a case for investigation. The civil procuratorial department of the Hefei procuratorial organ closely tracked the progress of the case, and reviewed the relevant civil cases ex officio after the prosecution of Fan Houchuan's suspected crime of false litigation.
verify through investigation The procuratorial organ obtained the public security criminal investigation file, and the review found that Fan Houchuan borrowed 4.79 million yuan from nine lenders including Zheng in his own name from 2010 to 2013 for reasons such as the need for capital turnover of the project. In July and August 2014, Fan Houchuan, unable to repay personal loans, issued new IOUs to the nine lenders with the official seal of Branch A 4 and the personal seal of Fan Moumou, the person in charge of the company. The amount, time, interest and other contents of the loan remained unchanged. Later, Fan Houchuan provided lawyers and paid litigation fees, and instructed the nine lenders to bring a civil lawsuit to the people's court with the new IOUs.
Supervision opinions On September 14, 2018, the Hefei People's Procuratorate proposed eight retrial and procuratorial suggestions to the Hefei Intermediate People's Court, believing that Fan Houchuan ordered others to file civil lawsuits with fabricated IOUs, which hindered the judicial order and seriously infringed the legitimate rights and interests of the company, constituting a false lawsuit, and suggested the court to start retrial procedures and revoke the eight civil judgments involved in the case. In addition, the People's Procuratorate of Hefei High tech Industrial Development Zone filed a public prosecution to the People's Court of Hefei High tech Industrial Development Zone for Fan Houchuan's suspected false lawsuit. The court of first instance sentenced Fan Houchuan to commit the crime of false litigation and sentenced him to nine months' imprisonment and a fine of 30000 yuan. Hefei procuratorial organ protested to Hefei Intermediate People's Court on the ground that the sentence of the first instance was too light.
Monitoring results On November 7, 2018, the Hefei Intermediate People's Court sent a reply to the procuratorial organ, handling the above eight civil cases decided by the procuratorial organ to make a retrial recommendation according to the trial supervision procedure. After the retrial was started, the civil judgments of the above cases were revoked by the court. In addition, the Hefei Intermediate People's Court made a criminal judgment that Fan Houchuan was sentenced to four years' imprisonment and fined 50000 yuan for the crime of false litigation.
Typical significance
1. Unilateral falsification of evidence to defraud court judgments has become an important type of civil false litigation, and legal supervision should be strengthened. In judicial practice, civil false litigation includes not only malicious collusion between two parties, but also unilateral civil false litigation. The unilateral false litigation is mainly manifested in that one party falsifies the facts by means of falsifying evidence, fabricating facts, concealing the truth, etc., and files a civil lawsuit to cheat the people's court to make wrong decisions, seek illegal interests, and damage the public interests and the legitimate rights and interests of others. In this case, Fan Houchuan, unable to repay the personal loans of nine people including Zheng, issued new IOUs to nine lenders with the private seals of Branch A 4 and its responsible person, and instructed the nine people to file a civil lawsuit with the company as the defendant, defrauded the court judgment, and transferred personal debts to the company without reason, which constituted a false lawsuit. In such cases, there may be other disputes, and the facts of false litigation are often hidden. The procuratorial organ should maintain its sensitivity to false litigation, strengthen supervision, and give full play to the role of legal supervision.
2. Give full play to the role of criminal procuratorial supervision, and investigate the criminal responsibility of the perpetrators of false litigation according to law. The first is to carry out case filing supervision and actively guide and cooperate with the public security organs in the criminal investigation of false litigation crimes. In this case, when the public security organ made a decision not to file a case, the procuratorial organ started the supervision work of filing a case, and after the public security organ filed a case for investigation, it timely intervened in advance to guide the public security organ to continue to obtain evidence. The second is to carry out the supervision of criminal proceedings to ensure that the criminal attack is in place. The procuratorial organ filed a public prosecution against Fan Houchuan for the crime of false litigation. After the judgment of the court of first instance, the procuratorial organ believed that in the first instance of the criminal case, the public prosecution organ had provided evidence to prove that A Construction Group had incurred about 300000 yuan in direct property losses such as attorney fees, appeal acceptance fees, and appraisal fees in response to the lawsuit. At the same time, as a company engaged in construction projects, the company's credit and business were seriously damaged due to its involvement in a number of private lending disputes, especially being listed by the court as the executor with a huge amount of outstanding debts. In addition, the amount of false lawsuits filed in this case is particularly huge, with a total principal and interest of 9 million yuan. Fan Houchuan ordered others to file false lawsuits in many times, experienced many stages of litigation, and ordered others to give false testimony in court trials and criminal investigations, resulting in a long litigation time, long investigation time, and serious waste of judicial resources. The first instance judgment did not identify the above facts, which led to too light sentencing, and the procuratorial organ protested. The court of second instance held that Fan Houchuan's criminal act seriously damaged the judicial credibility, which was serious and should be severely punished, so it adopted all the protest opinions of the procuratorial organ, so that Fan Houchuan's illegal acts were duly punished.
3. Adhere to the combination of criminal strike and civil supervision and correction, and safeguard the legitimate rights and interests of private enterprises in accordance with the law. In order to protect the legitimate rights and interests of private enterprises and help A Construction Group get out of the predicament in time, the procuratorial organ, on the one hand, found out through the supervision of criminal proceedings that Fan Houchuan's false litigation has caused serious economic losses to A Construction Group, and investigated Fan Houchuan's criminal responsibility according to law; On the other hand, the supervision of a series of effective civil judgment cases should be started in a timely manner. As Fan Houchuan's false litigation has been convicted and sentenced, the relevant civil judgments involved in the case have all lost their factual basis, and should be revoked. The Hefei Municipal People's Procuratorate proposed to the Hefei Intermediate People's Court for retrial of eight civil cases. After retrial, the court ruled to revoke eight original effective civil judgments, safeguarding the legitimate rights and interests of private enterprises.
Case II
A construction company in Wuhu defrauded the mediation statement A series of supervision cases of false litigation
[Main point]
In the field of construction projects, in order to avoid debts, the parties maliciously colluded with each other to file a civil lawsuit by forging the bill of settlement of quantities, falsely increasing the quantities, etc., to defraud the people's court of the mediation statement, damage the judicial order and judicial authority, and constitute a false lawsuit. The procuratorial organ shall supervise such false litigation in accordance with the law, and maintain the judicial order and the legitimate rights and interests of creditors.
Basic Case
On February 15, 2012, after a construction company in Wuhu won the bid for a resettlement community construction project invested and constructed by an investment company in Wuhu, a construction company in Wuhu signed an Internal Contract Agreement with Wang Fanggen (the relative of Wang Dengrong, the actual controller of a construction company in Wuhu), Mao (Wang Dengrong's fifth son-in-law), and Yu (Wang Dengrong's fourth son-in-law) respectively, The earthwork backfilling, road drainage and other ancillary works of the project were subcontracted to Wang Fanggen for construction, and the contract price was temporarily set at 16 million yuan; The landscape and greening works of the project are subcontracted to Mao, and the contract price is temporarily set at 12 million yuan; The construction of three resettlement houses of the project was subcontracted to Yu, and the contract price was temporarily determined as 9.6 million yuan. At the beginning of 2017, the capital chain of a construction company in Wuhu was broken. In order to prevent the unpaid project funds of the company in an investment company in Wuhu from being preserved by other creditors, Wang Dengrong instructed the company's staff to calculate the completed quantities of the projects such as bread bricks and asphalt roads that Wang Fanggen had not actually constructed, and the landscape greening projects of the seven buildings that Mao had not constructed, when making the settlement sheet, The total amount of falsely increased project funds was 9.3647 million yuan. At the same time, the settlement date was advanced and the interest payment was delayed by 2% of the monthly interest rate. The total amount of falsely increased interest was 6.6358 million yuan; Advance Yu's project settlement time and calculate the deferred payment interest at 2% of the monthly interest, falsely increasing the interest by 890000 yuan.
On March 10, 2017, Wang Fanggen, Mao and Yu were told by a construction company in Wuhu to the People's Court of Yijiang District, Wuhu City, to request a construction company in Wuhu to pay the unpaid project funds and deferred interest of 45.1548 million yuan to Wang Fanggen and other three people, and enjoy the priority of compensation for the project discount or auction price. On March 19, 2017, according to the application of Wang Fanggen, Mao and Yu, the court preserved the unpaid project funds of an investment company in Wuhu (the first round, the second round and the third round). In April and June 2017, the People's Court of Yijiang District, Wuhu City successively made three civil mediation statements, confirming that a construction company in Wuhu owed Wang Fanggen and other three people a total of 41.42036 million yuan in project funds and deferred interest payments. In July 2017, Wang Fanggen applied to the People's Court of Yijiang District, Wuhu City for compulsory execution, and deducted a project fund of 16.31 million yuan from an investment company in Wuhu. Later, Wang Fanggen transferred the above funds to an account controlled by a construction company in Wuhu and Wang Dengrong, which was used by Wang.
[Supervision by procuratorial organs]
Clue discovery In March 2018, the People's Procuratorate of Yijiang District, Wuhu City, received a number of reports from outsiders. After preliminary investigation of the reporting clues, it found many suspicious points, and analyzed that the case was likely to be a false lawsuit, so it decided to file a case for review and transfer the suspected criminal clues to the public security organ for filing and investigation.
verify through investigation First, by surveying the construction site, it was confirmed that some works on the project settlement sheet were not actually completed. The second is to access the case file materials, retrieve the bank account flow involved in the case, confirm that the deducted 16.31 million yuan of execution money will eventually return to the account controlled by a construction company in Wuhu and Wang, and find that a construction company in Wuhu has paid attorney fees and legal fees for the three plaintiffs. Third, the two levels of the court jointly handle cases in an integrated way, set up a special case team, intervene in advance to guide the public security organs to investigate, find out the main criminal facts such as malicious collusion between the parties, forgery of the bill of quantities, false mediation, and take mandatory measures of criminal detention and arrest in a timely manner. The fourth is to find out that the content of the project cost evaluation opinion provided by a construction company in Wuhu to the court is untrue by entrusting evaluation audit, expert consultation, collecting witness testimony and other professional issues such as the calculation of quantities and interest, which further consolidated the evidence foundation.
Supervision opinions On November 26, 2018, the People's Procuratorate of Yijiang District, Wuhu City sent three retrial procuratorial proposals to the people's court of the district, pointing out that a construction company in Wuhu, in order to avoid debt, maliciously colluded with Wang Fanggen and others, countersigned the settlement sheet time, falsely increased the quantities of works, fabricated interest, sued for millions of yuan more than the actual amount of claims, applied for property preservation, and defrauded the court of civil mediation, It hinders the normal judicial order and makes it difficult for other people outside the case to realize their legal claims, so it is recommended to retry according to law.
The People's Court of Yijiang District, Wuhu City adopted the procuratorial suggestions of the procuratorial organ and started the trial supervision procedure. On May 10, 2019, the People's Court of Yijiang District, Wuhu City ruled to revoke the mediation statement and ruling in the above case. In addition, Wang Dengrong and Wang Fanggen were investigated for criminal responsibility for the crime of false litigation.
Typical significance
1. Forging evidence and falsely increasing the quantities of works is a common form of false litigation in the field of construction projects, and the procuratorial organ should strengthen supervision. Due to the break of the capital chain, in order to avoid debts, the parties in this case fabricated false claims by means of calculating the delayed interest payment at the time of signing the settlement sheet, counting the unfinished work quantity into the completed work quantity, etc., and brought a civil lawsuit to the people's court by borrowing the cause of dispute over the construction contract of the construction project, so as to cheat the court to quickly make the first round of litigation preservation, false mediation and execution deduction, Constitute a false lawsuit. The malicious collusion of the two parties in the false litigation has strong concealment and harmfulness, but the passive review of the court is generally difficult to find, so the procuratorial organ needs to strengthen the legal supervision of such cases.
2. False litigants often have special interest relationships such as relatives and friends, association relationships, etc., which are highly hidden. The procuratorial organ used the power of investigation and verification to disintegrate the "interest alliance". At the same time, according to the progress of the investigation, we guided the public security organs to investigate and collect evidence, took criminal coercive measures such as criminal detention and arrest in a timely manner, and changed the coercive measures in a timely manner according to the actor's attitude of pleading guilty, so as to better promote the investigation and punishment of the false lawsuit in this case.
3. False litigation investigation should be good at using "external brain" to improve case handling ability. This case involves a series of professional issues such as the accounting of actual quantities, the audit of the company's accounting books, the payment of project funds, and the deferred payment of interest. During the investigation of the case, the procuratorial organ specially invited engineering and technical consulting experts, auditors, and evaluation and appraisal personnel to participate in the case, helping to solve the "professional" problem in the supervision of false litigation.
4. The supervision of false litigation needs to establish a multi department cooperation mechanism to form a joint force to combat. In this case, the civil procuratorial department established a false litigation investigation mechanism of information exchange and close cooperation with the public security organ, the court and the criminal procuratorial department of the procuratorial organ, made full use of the powerful investigation means of the public security organ and the strong guiding investigation ability of the criminal procuratorial department, carried out false litigation investigation, formed a joint force to combat, and effectively maintained the judicial order Judicial authority and legal rights and interests of other creditors.
Case 3
Shi Guoqing's Private Loan Dispute with a Tea Company in Shanghai False litigation supervision case
[Main point]
The parties have maliciously colluded with each other to file a civil lawsuit by forging evidence and fabricating the private lending relationship, defrauding the people's court's mediation statement, infringing on the legitimate rights and interests of others, damaging the judicial order and judicial authority, which constitutes a false lawsuit. The procuratorial organ actively uses the power of investigation and verification to verify the preliminary evidence of the suspected false lawsuit between the two parties, transfer the case clues to the public security organ in a timely manner, and actively guide the public security investigation. In addition to investigating the criminal responsibility of the parties involved in the case, the procuratorial organ gives full play to the role of legal supervision in civil proceedings, urges the court to revoke the mediation statement, protects the legitimate rights and interests of those outside the case, and maintains the authority of judicial justice.
Basic Case
On August 28, 2017, Shi Guoqing and Wang Jian, the legal representative of a tea company in Shanghai, signed a Loan Agreement in Jinghu District, Wuhu City, stipulating that a tea company in Shanghai would borrow 7 million yuan from Shi Guoqing, and that the court where the contract was signed would be the place of dispute resolution. On September 18, 2017, Shi Guoqing filed a civil lawsuit with the People's Court of Jinghu District, Wuhu City, requesting a tea company in Shanghai to repay the loan principal and interest of 7.05 million yuan. On September 21, 2017, the People's Court of Jinghu District, Wuhu City made a civil mediation statement, confirming that a tea company in Shanghai repaid Shi Guoqing's loan principal, interest and liquidated damages totaling 7.05 million yuan. Shi Guoqing then applied to the court for enforcement, and the two parties reached an enforcement settlement agreement on October 15, 2017. A tea company in Shanghai used its house property in Shanghai (the agreed house price was 5 million yuan) to offset Shi Guoqing's debt.
[Supervision by procuratorial organs]
Clue discovery At the end of November 2017, the outsider reported to the People's Procuratorate of Jinghu District, Wuhu City that the house in Shanghai under the name of a tea company in Shanghai had been sold. Wang Jian and Shi Guoqing colluded maliciously to reach an agreement of paying off debts with property through false litigation, evading the obligation of property delivery and infringing the legitimate rights of the outsider. After receiving the report, the procuratorial organ carefully analyzed the case file materials, carefully studied and judged the case, found that there were many doubtful points in the case, and decided to accept the case on its own authority and start the investigation and verification procedure.
verify through investigation First, access the trial files, carefully study and judge, and determine the key points of investigation. Second, follow the vine to find out the source and direction of the loan. The third is to fix the preliminary evidence and guide the public security investigation in advance. On the basis of mastering the fact that the revolving transfer forges the loan, transfer the case clue materials to the public security organ and guide the public security organ to further collect evidence, find out the case facts, and lay the foundation for investigating the criminal responsibility of the parties.
Supervision opinions On August 10, 2018, the People's Procuratorate of Jinghu District, Wuhu City, made a retrial and procuratorial recommendation, believing that the evidence on which the mediation statement was based was forged by the parties, and that there was no real creditor debtor relationship between the parties, which was a false lawsuit. The act of the false lawsuit damaged the national interests, social and public interests, and should be corrected. It is suggested that the People's Court of Jinghu District, Wuhu City revoke the civil mediation statement involved in the case.
Monitoring results On September 13, 2018, the People's Court of Jinghu District, Wuhu City replied by letter to the People's Procuratorate of Jinghu District, Wuhu City, and suspended the execution procedure of the civil case. On June 18, 2019, the People's Court of Jinghu District, Wuhu City made a civil ruling, ruling to revoke the original civil mediation statement. In addition, the Wuhu Intermediate People's Court made a criminal judgment, finding that Shi Guoqing, Wang Jian and other three people constituted a crime of false litigation, and sentenced them to fixed-term imprisonment ranging from six months to nine months a year.
Typical significance
1. Actively use the right of investigation and verification to find out the illegal facts of false litigation. The power of investigation and verification is an important means that the law gives the procuratorial organ to perform its civil procuratorial duties. The procuratorial organ is good at investigating and verifying the abnormal phenomena and doubts in the case, and finding out the truth of the false lawsuit. The subject amount involved in this case is up to more than 7 million yuan. For the accusation of outsiders, the procuratorial organ, in line with the principle of objectivity and impartiality, actively used the right of investigation and verification, and found out the facts of the false loans transferred circularly between Shi Guoqing and Wang Jian, the legal representative of a tea company in Shanghai and other parties, laying the foundation for the final investigation of the facts of the case.
2. Strengthen coordination and guide case investigation. False litigation has the characteristics of concealment and great difficulty in investigation. The procuratorial organ and the public security organ work closely together to form a joint force to combat false litigation. In this case, the procuratorial organ, after accepting the case, transferred its capable forces to form a case handling team to investigate the case, and promptly transferred the case to the public security organ after obtaining certain evidence. Strengthen the communication and coordination with the public security organ, cause the public security organ to attach importance to the false litigation involved in the case, and carry out the case filing and investigation, so as to promote the progress and strength of the handling of criminal cases.
3. The procuratorial organ dares to supervise and maintain the legal authority against false litigation violations. This case is a false litigation act that seriously jeopardizes the judicial order by fabricating facts. If this act that infringes the legitimate rights and interests of outsiders cannot be corrected, the judicial authority will be seriously damaged. After receiving the report from the party concerned, the procuratorial organ, on the one hand, finds out the key evidence of the false lawsuit through investigation and verification, then transfers the relevant clues and evidence to the public security organ, and simultaneously guides the investigation to investigate the criminal responsibility of the perpetrator of the false lawsuit according to law. The evidence obtained by the other party through the criminal investigation means of the public security organ further clarified and fixed the fact that the party concerned forged evidence to fabricate legal relationship and filed a civil lawsuit, which confirmed that the facts confirmed by the court's effective legal documents had no legal basis, damaged the legitimate rights and interests of others, hindered the judicial order, and infringed on the national interests and social public interests. Accordingly, the procuratorial organ puts forward a retrial procuratorial proposal to the people's court, urges the people's court to correct the wrong mediation statement, safeguard the legitimate rights and interests of the outsider, and safeguard judicial justice.
Case 4
Zhang Zhisong's False Litigation Supervision Case of Traffic Accident Insurance Claims
[Main point]
In a traffic accident dispute, the actor colluded with others, forged evidence, fabricated a false accident process, illegally obtained the plaintiff's subject qualification to file a civil lawsuit, defrauded the people's court of civil judgments, illegally obtained insurance claims, infringed on the legitimate rights and interests of others, infringed on national interests and social public interests, and constituted a false lawsuit. When the procuratorial organ discovers the clues of false litigation cases in the course of performing its duties, it starts the supervision procedure according to its authority, and puts forward the procuratorial suggestions for retrial in a timely manner. When the suggestions are not adopted, follow up and supervise in a timely manner, urge the court to correct wrong decisions, and earnestly safeguard the judicial authority.
Basic Case
In November 2015 and January 2016, Zhang Zhisong sued three times to the People's Court of Xuanzhou District, Xuancheng City, claiming that he was the actual owner of the three damaged trucks in three traffic accidents, and requested the court to order an insurance company to bear insurance compensation within the insurance limit of 232290 yuan in total and bear litigation costs. On March 29 and April 22, 2016, the People's Court of Xuanzhou District, Xuancheng City made three civil judgments, which supported Zhang Zhisong's claims.
[Supervision by procuratorial organs]
The clue found that when the Xuancheng People's Procuratorate handled the case of Zhang Zhisong's intentional homicide, it found that he had sued repeatedly in the Xuanzhou District People's Court of Xuancheng City for traffic accident liability disputes, which was likely to have civil false litigation, so it handed the relevant clues to the Xuanzhou District People's Procuratorate of Xuancheng City for investigation and verification.
verify through investigation After receiving the clues, the People's Procuratorate of Xuanzhou District, Xuancheng City immediately launched an investigation and verification, and found out that in the three cases of traffic accident liability disputes, the three damaged trucks did not buy car damage insurance. In order to defraud insurance money, Zhang Zhisong conspired with Wang Shuangxin and other eight people to conceal the truth of the traffic accident, forge the scene of the accident, fabricate false accident history, and make the traffic police department make a wrong determination of accident responsibility. At the same time, Zhang Zhisong also forged the Vehicle Attachment Agreement, the truck transfer agreement, receipts and other evidence, in order to obtain the qualification of the subject of litigation, file a civil lawsuit, cheat the court to make a wrong judgment, and illegally seek compensation from the insurance company.
Supervision opinions On May 17, 2017, the People's Procuratorate of Xuanzhou District, Xuancheng City proposed to the people's court of the district a retrial and procuratorial proposal. The court of the district did not make a decision within the specified time limit, nor did it reply to the procuratorial organ in writing. The People's Procuratorate of Xuanzhou District, Xuancheng City, followed up the supervision and submitted a protest to the People's Procuratorate of Xuancheng City on October 11, 2017. On November 9, 2017, the People's Procuratorate of Xuancheng City reviewed and found that the main evidence of the facts found in the judgment involved in the case was forged, and there was new evidence sufficient to overturn the original judgment, so it filed a protest to the Intermediate People's Court of Xuancheng City.
Monitoring results After accepting the protest, the Xuancheng Intermediate People's Court instructed the Xuanzhou District People's Court of Xuancheng City to retrial. After retrial, the Xuanzhou District People's Court of Xuancheng City ruled to revoke the effective civil judgment involved in the case on April 26, 2019. At the same time, Zhang Zhisong was sentenced to a suspended death sentence and a fine of 50000 yuan due to the combined punishment of intentional homicide and insurance fraud. Eight people, including Wang Shuangxin, were sentenced to fixed-term imprisonment ranging from four to two years for insurance fraud, and each was fined 10000 yuan.
Typical significance
The frequent false lawsuits in the field of traffic accident insurance claims not only damage the legitimate rights and interests of the insurance claims subject, but also jeopardize the judicial order, waste judicial resources, violate social integrity, and damage the judicial authority and judicial credibility. It is of great significance for procuratorial organs to strengthen legal supervision over such false litigation cases.
1. Accurately grasp the key points of review and improve the accuracy of supervision. Insurance claim type cases are prone to false litigation. The procuratorial organs have strengthened their efforts to screen the clues of such cases, dug out series of cases, and improved the effectiveness of handling cases. At the same time, we should select the breakthrough point for supervision of false litigation cases, and focus on the same subject as a party in multiple financial dispute cases at the same time. In this series of cases, Zhang Zhisong, as the plaintiff, has repeatedly litigated in the People's Court of Xuanzhou District, Xuancheng City for traffic accident liability disputes, and most of the perpetrators of traffic accidents did not participate in the litigation during the trial of the cases, so the litigation is abnormal. The procuratorial organ took this abnormal phenomenon as a breakthrough for verification and supervision, laying a solid factual foundation for follow-up supervision.
2. Strengthen internal and external cooperation to form a joint force to supervise false litigation. In the process of handling the case, the procuratorial organ took an active part in strengthening internal and external cooperation, strengthening coordination and cooperation with the criminal procuratorial department and the public security organ, taking the initiative, and comprehensively using investigation and verification, retrial, procuratorial advice, protest and other means and supervision methods to form a joint force against traffic accidents. When the court did not respond to the retrial inspection proposal according to law, the Xuancheng procuratorial organ followed up and supervised according to law, actively promoted the integrated case handling mode of the upper and lower courts, strengthened the joint efforts of the upper and lower levels, effectively promoted the supervision of false litigation, and conducted useful exploration for establishing a long-term mechanism to prevent and combat false litigation in the field of traffic accident insurance claims, It highlights judicial fairness and authority.
