(December 23, Minsheng Weekly, Procuratorial Daily)

　　 Original title:  

　　 A series of false lawsuits brought out by suing for "salary"  

　　 Qingyang, Anhui: procuratorial supervision promotes the revision of all 34 cases  

　　 (Reporter: Wu Yihuo Correspondent: Chu Chengfeng)  

Otherwise, he colluded with relevant construction companies to file a lawsuit to the court in the name of migrant workers to "ask for salary". This false lawsuit case occurred in Qingyang County, Chizhou City, Anhui Province. Under the strong supervision of the Procuratorate of Qingyang County, not only the false lawsuit was rejected by the court, but also the perpetrator of the false lawsuit was investigated for criminal responsibility, and finally ended up with the result of "lifting a stone and hitting his own foot".

　　

The case undertaker of Qingyang County Procuratorate shall report to the leader of the court in charge of the deep-seated illegal problems found in handling this series of false litigation cases.

Private owners pretend to be migrant workers "asking for salary"

Bao Mouming of Chizhou, Anhui Province is a private enterprise owner of a building materials factory. On January 31, 2018, Bao Mouming, Bao Mouwu and Gan Mou respectively filed a lawsuit with the Qingyang County Court, demanding Chizhou Tianyuan Company, Ma Li Construction Company and Zhu Mouming to pay the salary arrears of 47000 yuan, 45000 yuan and 45000 yuan. The court of Qingyang County found after hearing that in March 2016, Chizhou Tianyuan Company contracted its plant construction project to Ma Li Construction Company for construction, and Zhu Mouming, the actual constructor, was affiliated with Ma Li Construction Company for specific construction. Zhu Mouming hired Bao Mouming, Bao Mouwu and Gan Mou to engage in engineering work, and the wage arrears were true. It is hereby decided that Ma Li Construction Company and Zhu Mouming shall jointly pay Bao Mouming, Bao Mouwu and Gan within ten days after the judgment takes effect, and that Chizhou Tianyuan Company shall be liable for the unpaid project funds.

After the judgment of the first instance was pronounced, Chizhou Tianyuan Company considered that the case was a false lawsuit, so it reported the case to the Qingyang County Public Security Bureau and lodged a complaint with the Qingyang County Procuratorate. On December 11, 2019, the Qingyang County Procuratorate decided to file a case according to its authority after accepting the case, and appointed the criminal procuratorial and civil procuratorial departments to jointly intervene, guide the public security organs to investigate, and dig deeply into possible false litigation crimes.

In the process of handling the case, the Qingyang County Procuratorate consulted the court according to law about the civil litigation files of the case, and asked the public security organ for the interrogation records and relevant materials of Bao Mouming and others. After examination, the undertaking prosecutor found that Bao and other three people were not migrant workers at all! Bao not only ran a building materials factory, engaged in the production and sales of building materials, but also Bao and Gan were Bao's sons and daughter-in-law, both of whom worked in a unit in Chizhou City.

The prosecutor also found out through further review that since June 2016, Bao has started to supply bricks to Zhu's contracted project, namely the new plant project of Chizhou Tianyuan Company, and Zhu has successively owed him more than 140000 yuan for goods. In 2017, Bao asked Zhu for money for building materials many times, but couldn't find anyone, so he had no choice but to ask Ma Li Construction Company, which he was affiliated with. The person in charge of Ma Li Construction Company told Bao Mouming that because of the project quality dispute with Chizhou Tianyuan Company, the other party did not pay them for the project. The person in charge of Ma Li Construction Company gave Bao an idea. If he wanted to get money quickly, he had to ask for salary from migrant workers, and told him that the salary of each account should not exceed 50000 yuan.

Therefore, Bao first obtained the copies of his son's and daughter-in-law's ID cards and bank card accounts for the reason of transfer, and then filled in the false payroll, attendance sheet and other information provided by Ma Li Construction Company in the name of himself and his son and daughter-in-law, and lodged a complaint to the local government labor department accordingly.

After the labor department failed to mediate this appeal, Bao Mouming further forged the power of attorney signed by his son and daughter-in-law, and attached the aforementioned forged payroll, attendance sheet and other evidence. Then, in the name of himself, his son and daughter-in-law, he sued Ma Li Construction Company, Zhu Mouming and Chizhou Tianyuan Company together to the Qingyang County Court, asking the three defendants to pay wages. After trial, Qingyang County Court upheld Bao Mouming's claim.

Prosecutors and supervisors let "chicken thieves" eat rice

So far the truth of the case has come out.

The People's Procuratorate of Qingyang County believes that Bao Mouming maliciously colluded with others to forge evidence, fabricated the facts of migrant workers and arrears of wages, fabricated civil legal relations to file a lawsuit, and defrauded effective civil judgments. His behavior has damaged the seriousness of the national policy on migrant workers' wage protection, disrupted the normal judicial order, damaged the judicial credibility, and constituted a false lawsuit crime, At the same time, effective civil judgments should be corrected through retrial procedures.

　　

The joint meeting of the prosecutors of the Qingyang County Procuratorate discussed the proposed proposal to the court for the prosecution of illegal trial procedures.

On December 25, 2019, the procuratorate of Qingyang County issued three retrial suggestions to the county court, suggesting the court to retrial the three false civil cases involved. On March 18, 2020, Qingyang County Court made a ruling respectively, adopted the retrial procuratorial recommendation, and decided to retrial the three cases.

Seeing that the false lawsuit has been exposed, Bao Mouming intends to apply to the court to withdraw the lawsuit during the retrial. In this regard, the Qingyang County Procuratorate strengthened communication with the court to prevent the court from making wrong handling of the false litigation according to the party's application for withdrawal, and to ensure that the false litigation is properly punished. At the same time, the Qingyang County Procuratorate also sent personnel to attend the retrial court and put forward suggestions on the application of law to sanction false litigation. On July 30, 2020, Qingyang County Court made a retrial judgment, rescinding the original civil judgment and rejecting the claims of Bao, Bao and Gan.

While supervising and correcting the wrong civil judgment, the criminal investigation procedure against Bao Mouming is also in progress. On July 6, 2020, the People's Procuratorate of Qingyang County initiated a public prosecution on Bao's suspected false lawsuit. On July 22, Qingyang County Court made a judgment of first instance, sentenced Bao Mouming to six months' imprisonment, suspended for one year and fined 10000 yuan for false litigation.

Follow up and supervise 31 false lawsuits

In the process of handling the civil false lawsuit brought by Bao Mouming, the Qingyang County Procuratorate noticed that one of the important reasons for the occurrence of this false lawsuit is that Chizhou Tianyuan Company has not paid the project funds of Ma Li Construction Company because of the dispute over the project quality involved in the case, As a result, Ma Li Construction Company could not pay the downstream subcontractors and material suppliers on time.

So, in this case involving the project, in addition to Bao's false lawsuit, will there be other similar false lawsuits? For this reason, Qingyang County Procuratorate followed the steps of the vine and finally found out 31 other false litigation cases of labor compensation recovery with Ma Li Construction Company, Zhu Mouming and Chizhou Tianyuan Company as defendants, involving more than 1.16 million yuan, which were triggered by the project involved in the case through a comprehensive and in-depth investigation.

The People's Procuratorate of Qingyang County continued to follow up and supervise, and issued a retrial procuratorial recommendation to the court on the 31 cases mentioned above. The court adopted the procuratorial recommendation after trial, and has now changed all sentences. In addition, the county procuratorate also suggested to the court that civil sanctions should be imposed on the false litigants in this series of cases.

The relevant person in charge of the Qingyang County Procuratorate told reporters that the special protection of migrant workers' wages reflects the country's policy preference for vulnerable groups. If illegally used, it may become an area prone to false lawsuits. The procuratorial organ should strengthen supervision and further purify the production and operation order in the construction field, Ensure the implementation of policies and legal provisions for the protection of vulnerable groups.

"In recent years, the issue of migrant workers' wages will become a hot topic of social concern. In the process of supervision, the procuratorial organ should not only protect the legitimate rights and interests of migrant workers according to law, but also prevent others from" posing as "migrant workers to obtain special protection, thus damaging the legitimate rights and interests of private enterprises." The person in charge said.