Civil administrative procuratorate
The Procurator of Bozhou: "Showing the Sword" to the False Lawsuit, Uncovering the "Legitimacy" of 35 Small Property Houses
Time: September 15, 2020 Author: News source: [Font size: large | in | Small

Four false civil mediation statements were issued to handle real estate ownership certificates for 35 small property houses, which seems impossible, but it really exists.

In August 2020, under the supervision of Bozhou Procuratorate, four civil false lawsuits involving 5.5 million yuan over four years finally came to light. The court adopted the protest opinion put forward by the procuratorial organ, identified the four cases as false lawsuits according to law, and rejected the claims of the plaintiff in the original trial.

   Poor management of enterprises makes small calculation for illegal housing construction  

In 1998, Liu, a native of Fuyang City, Anhui Province, ran a water heater factory in the local development zone. The factory was a sole proprietorship enterprise, and the nature of the land was state-owned industrial land. Later, due to the problem of product sales, the enterprise stopped production.

In 2006, without planning procedures, Liu built 53 commercial houses with 6 floors on the idle land of the factory without authorization and sold them to the public at the end of 2010. Since the building has no legal construction permit formalities such as the Construction Project Planning Permit, it is an illegal building and cannot handle property rights formalities.

   Illegal handling of property right certificate through "false litigation"  

Since 2011, Liu and his wife have been planning to apply for the property right certificate for his house through false litigation and recover the rest of the house sales money. In order to hide the truth and make it difficult for such cases to be filed in the local court, Liu chose to handle them in nearby Lixin County. In order to reach the jurisdiction of the Lixin County Court, Liu forged the IOU for a water heater factory in Fuyang and Wang (a relative of Liu) in Lixin County to jointly borrow 5.5 million yuan from Hu and other 39 people. The 39 people sued a water heater factory in Fuyang and Wang in the Lixin County Court in four litigation cases, demanding repayment of the so-called 5.5 million yuan loan.

In the lawsuit, the plaintiff and the defendant reached a mediation agreement to pay the debt with the house, and the Lixin County Court made four civil mediation statements for confirmation. After execution by the Lixin County Court, Fuyang City Real Estate Bureau handled the property right certificate for 35 of the houses.

   The veil of hypocrisy was torn down and 4 false lawsuits were corrected  

The Bozhou Procuratorate found in its work that the civil lawsuit filed by 39 people, including Hu, with a water heater factory in Fuyang and Wang as defendants, was a false lawsuit. The purpose was to use the effective civil mediation statement of the court to handle the property right certificate for the small property house and legalize the illegal property.

After investigation and verification, the Bozhou Procuratorate filed a protest against the four false lawsuits to the Bozhou Intermediate Court according to law. Bozhou Intermediate Court ordered Lixin County Court to retry. The court of Lixin County decided in the retrial that the four cases were all false lawsuits, and finally rejected the claims of 39 people including Hu.

In recent years, the procuratorial organ of Bozhou City has taken the initiative to continuously strengthen the supervision of civil effective judgments of false litigation, earnestly safeguard the legitimate rights and interests of litigants and outsiders, and safeguard judicial authority and national interests. In civil proceedings, the procuratorial organ will supervise according to law the behavior of someone who crosses the red line, uses the "public tools" of justice and damages the national interests to seek private interests, and dare to "show the sword" to false lawsuits.