August 29 The 6th edition of the Procuratorial Daily Voice Weekly  

　　 Original title  

　　 Cracking Down on False Litigation and Jointly Building a Credible Society  

　　 Anhui Provincial Procuratorate Invited Representative Members to Observe a Trial of a False Lawsuit Crime Case  

　　 On August 18, the first instance trial of the case of Chen Mouping, Chen Mouzhong and other four people suspected of false litigation brought by Tongguan District Procuratorate of Tongling City, Anhui Province was held in Tongguan District Court. At the invitation of the People's Procuratorate of Anhui Province, some deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) in Anhui Province, as well as representatives of the provincial people's Congress and members of the provincial CPPCC from Chuzhou, Huangshan and Tongling, observed the trial of the case and discussed and exchanged views on "combating false litigation and safeguarding judicial integrity".  

　　 To avoid execution Conspire to bring a false lawsuit  

The first instance of the case of Chen Mouping, who was prosecuted by the Tongguan District Procuratorate of Tongling City, Anhui Province, and others suspected of false litigation, was heard, and the prosecutor appeared in court to support the public prosecution.  

　　 This is a major false lawsuit which is supervised by the Supreme People's Procuratorate and spans Jiangsu and Anhui provinces. According to the charge of the procuratorate, in 2018, Chen Mouping, in order to avoid the compulsory execution of a quarry in Zongyang County, Anhui Province, which was established by his sole proprietorship, conspired with his brother Chen Mouzhong and two lawyers to fabricate the creditor's rights and debt relationship by using the transfer contract, and filed a civil lawsuit with fabricated facts and false evidence, As a result, Tongling Intermediate Court made a wrong civil judgment confirming the validity of the quarry transfer contract. Later, Chen, holding the judgment, filed an objection to the execution with the Jintan District Court of Changzhou City, Jiangsu Province, and the execution of the quarry's property was suspended. The procuratorial organ believes that the criminal responsibility of the Chen brothers and two lawyers should be investigated with the crime of false litigation.  

　　 In the court trial of the same day, Chen Mouping and Chen Mouzhong, who were detained in Tongling Detention Center, appeared in court through remote video, and two lawyers attended the proceedings. The public prosecutor expressed opinions around the fact finding, evidence acceptance, criminal circumstances, confession and punishment, and social harmfulness, and emphasized that the defendant "maintained his legal rights" through legal means on the surface of the case, but in fact, he did illegal things in the name of law, which was of a bad nature and had a very bad social impact. All four defendants pleaded guilty and repented in court. The whole trial lasted three hours and was serious and compact. The case was not pronounced in court.  

　　 It is understood that under the careful guidance of the Supreme People's Procuratorate and the Anhui Provincial Procuratorate, Tongling's procuratorial organs are linked up from top to bottom and strengthen cooperation between departments. Through handling this series of cases, Tongling has issued a retrial procuratorial proposal, transferred 1 criminal clue to 2 people, supervised the public security organ to file 1 case to 2 people, and the public security organ to file 2 cases to 5 people, and recovered nearly 50 million yuan.  

　　 Prosecutors handle cases solidly Win the affirmation of representative committee members  

Chen Mouping, who was prosecuted by the Tongguan District Procuratorate of Tongling City, Anhui Province, and others were involved in the trial of the first instance of the case of the crime of false litigation, attended the hearing on behalf of the members.  

　　 In the afternoon of the same day, the representative members who watched the trial, together with the Supreme People's Procuratorate and the prosecutors of the four level procuratorates of Anhui Province, the city and the county (district), "reviewed" the trial.  

　　 "This is a typical case of false litigation, which fully conforms to the four constituent elements of the criminal law on the crime of false litigation." Zhou Shihong, member of the CPPCC National Committee and director of Guohao Lawyers (Hefei) Office The author believes that the sentencing suggestions put forward by the procuratorial organ are appropriate, which reflects the criminal justice policy of tempering justice with mercy; Tracing back to the source in handling cases, we found tax related problems and helped the country recover tax losses; In the process of handling cases, we also found clues about the duty crimes committed by judicial officials. The case was well handled and we should sum up our experience. The procuratorial organ has broken through many difficulties and obstacles in this process, including promoting the retrial of the court, supervising the filing of the case by the public security organ, and realizing the approval of arrest with zero confession. "This fully shows that the quality of the procurator handling the case is excellent," he said.  

　　 "I admire the procuratorial organs for being able to rise to the challenge!" Yao Shunwu, deputy to the National People's Congress and secretary of the general party branch of Damao Community, Shendu Town, She County, Anhui Province It is suggested that the Supreme People's Procuratorate and the Anhui Provincial Procuratorate should conscientiously summarize and promote the successful experience of Tongling Procuratorate in handling this case, so that the people can feel fairness and justice in more judicial cases. Wang Zhong, deputy to Anhui Provincial People's Congress and general manager of Liangnongjinli Specialized Cooperative in Daliu Town, Nanqiao District, Chuzhou City Through attending court hearings, I deeply felt the good professional quality and solid legal skills of prosecutors, as well as the professional responsibility of procuratorial organs in performing their legal supervision duties and maintaining the order of economic and social development.  

　　 Qian Liping, a deputy to Anhui Provincial People's Congress and professor of the School of Life and Environmental Sciences of Huangshan University She has been invited to participate in activities organized by the procuratorial organ for many times.  

　　 Li Ping, the second level senior prosecutor of the Sixth Procuratorate Office of the Supreme People's Procuratorate When making a general comment, he said that the handling of the false lawsuit case reflects the excellent characteristics of the procuratorial organ of Anhui Province, which has always been diligent in thinking, quick in action, willing to work hard, brave to show the sword, good at supervision, good at summarizing, and better reflects the characteristics of stressing politics, seeking perfection, emphasizing cooperation, and grasping the source of litigation. "The supervision of false litigation is not only a lightning war, a war of annihilation, but also a positional war and a protracted war!" She hoped that under the guidance of Xi Jinping's rule of law thought, the procuratorial organ of Anhui Province would closely rely on the leadership of the Party and the masses to actively promote the retrial and judgment change of this civil false litigation case, while paying attention to digging deep into illegal acts and extending the effect of handling cases.  

　　 Let typical cases "walk" out of the file Walk among the masses  

Forum on Observation and Simulation of Court Trial  

　　 In order to deepen the understanding of the representative members on the supervision of false litigation by procuratorial organs, at the exchange forum of "combating false litigation and safeguarding judicial integrity" held after the court, the heads of relevant departments of the Anhui Provincial Procuratorate reported the relevant situation of the province.  

　　 From January 2020 to July this year, the procuratorial organ of Anhui Province handled a total of 2640 false litigation cases, including 1412 retrial procuratorial suggestions, 604 protests, 284 implementation supervision procuratorial suggestions, and 340 procuratorial suggestions for illegal trial procedures. At the same time, the level of supervision has been pushed forward in depth. A total of 117 pieces and 190 people of various illegal and disciplinary clues have been transferred to the public security, discipline inspection and supervision organs, including 48 judicial public officials who have been investigated and investigated by the discipline inspection and supervision and procuratorial organs, and 173 people who have filed 72 public prosecutions for false litigation crimes. The special supervision of false litigation of the procuratorial organ of Anhui Province was rated as the "Top Ten Rule of Law Events" in 2021, and the false litigation handling team of the provincial procuratorate was rated as an excellent case handling team by the highest procuratorate 。  

　　 These tangible achievements have won the full recognition of deputies to the NPC and CPPCC members. "Thank the procuratorial organs for their great efforts to maintain a stable, harmonious and happy life!" Zhou Hong, deputy to Anhui Provincial People's Congress and chairman of Anhui Tongcaohua Modern Agricultural Technology Co., Ltd It is said that "false lawsuits cover up illegal purposes in a legal form, seriously infringe upon the legitimate rights and interests of others, and damage the judicial authority and credibility. To combat false lawsuits, the judicial authorities need to strengthen cooperation to form a joint force, and also increase publicity." She said that entrepreneurs should always put honesty first, so that the development of enterprises will be broader.  

　　 Also from enterprises Lu, deputy to Anhui Provincial People's Congress and chairman of Huangshan Mingjiang Paper Products Packaging Co., Ltd expensive Agree with Zhou Hong's opinion. He once suffered from false lawsuits, which made his creditor's rights impossible to realize. "False litigation is the enemy of the business environment of enterprises and must be severely punished," said Lu Gui.  

　　 Sun Xiaoling, Deputy Director of the Criminal Committee of Anhui Lawyers Association He said: "As a lawyer, I feel sad that two lawyers have participated in false lawsuits! This should cause our industry to reflect. Whether we have always maintained the legitimate rights and interests of the parties, and maintained fairness and justice when we practice. At the same time, we should strengthen learning to avoid acting in false lawsuits with unclear knowledge of the facts of the case." Tao Ranting, member of the CPPCC Anhui Provincial Committee and vice chairman of Tongling Lawyers Association It also believes that the false lawsuit case of four people, including Chen Brothers, is a shock to the lawyer industry, and can be used as the material for warning education, so that lawyers can learn from it.  

　　 People can't stand without faith, and businesses can't thrive without faith. False lawsuits seriously erode social integrity, which is abhorrent.  

　　 Yao Shunwu He said, "In order to promote the construction of the social integrity system, the procuratorial organ should do more. I will actively publicize the effectiveness of the procuratorial organ's supervision of false litigation and typical cases in the performance of the representative's duties, and pay attention to collecting opinions and suggestions on systematic governance and comprehensive prevention and control of false litigation, so as to help the procuratorial organ better carry out legal supervision." Qian Liping, Cao Shichun, Zhou Hong And other representatives called on the procuratorial police to go deep into enterprises, streets and communities, use new media such as short videos, increase publicity, and mobilize the masses to actively provide case clues. While making use of big data to enable accurate attack, we should strive to make typical cases "walk" out of the file, go among the masses, and form a joint force to prevent and combat false litigation in the whole society.