(January 12, Anhui Daily, People's Political Affairs Full Page)

　　 ·Face to face What are the characteristics and difficulties of false litigation, a judicial "stubborn disease", and how to deal with it? Journalists' dialogue with relevant heads of the judiciary and legal experts——  

　　 Original title  

　　 Strengthening accountability and punishment and building judicial integrity  

　　 Dialogue person:  

　　 ●  Yang Huiyou, Director of the Sixth Procuratorial Department of the Provincial Procuratorate

　　 ●  Li Hao, Professor of Nanjing Normal University and Executive Vice President of China Civil Procedure Law Research Association

　　 ask  

　　 reporter: What are the characteristics of false litigation?  

　　 Yang Huiyou: False litigation cases are highly hidden, and there are often special interest relationships between the parties, such as relatives and friends. Disputes lack substantive confrontation, and most cases are settled by mediation. The occurrence areas are concentrated, and most of the false lawsuits are property disputes, of which private lending disputes account for 82%. There are many series of cases, and a large number of "false lawsuits" have been found in combination with the special fight against organized crime. Legal practitioners sometimes participate, including lawyers who directly participate in the planning, and judges who make wrong judgments against the facts after accepting bribes from the parties, helping or allowing the occurrence of false litigation cases.  

　　 Li Hao: Most of the parties to the false litigation are malicious collusion, deliberately fabricating facts, falsifying evidence, fabricating civil legal relations, and fabricating civil disputes that do not exist. In the process of litigation, the defendant often acknowledges all the facts put forward by the plaintiff as the basis of the claim, or the key and core facts claimed by the plaintiff. Most of the parties themselves did not appear in court, or let their agents ad litem appear in court to participate in the proceedings, because they were afraid of being exposed when being questioned by the judge. False litigation cases are often settled through court mediation. When the court asks whether the parties are willing to mediate, both parties express their willingness to mediate. After mediation, a mediation agreement is reached soon, and the court issues a mediation statement.  

　　 ask  

　　 reporter: What are the difficulties in preventing and combating false lawsuits?  

　　 Yang Huiyou: First, it is difficult to find. False litigation is often planned in advance, carefully forged evidence, and then made false statements in court, which is not easy to be found. Second, it is difficult to investigate. Although the procuratorial organ has the right to investigate and verify, due to the lack of rigid guarantee in practice, the investigation and verification power can only achieve the effect of handling cases with the willingness and active cooperation of the investigated objects, and its effective application is restricted. The third is to punish and censure. Although the act of false litigation has been punished, the society does not know enough about the harmfulness of false litigation. The perpetrator has applied for withdrawal of the lawsuit after realizing that the false litigation may be discovered. Even after the procuratorial organ has put forward supervision opinions, some courts still ruled to allow the withdrawal of the lawsuit or only to revoke the original judgment, resulting in the perpetrator escaping civil or criminal sanctions.  

　　 Li Hao: False litigation mainly occurs in civil trial cases, but it is very difficult for civil judges to confirm that the cases being tried are false litigation. In addition, the Civil Procedure Law clearly requires that the court should ensure the parties to exercise their litigation rights. The judge is also worried that if the true litigation is treated as a false litigation, the litigation rights of the parties will be infringed. Preventing false litigation cases requires the help of procuratorial and public security organs. However, in practice, different judicial organs have different understandings of the concept and scope of false litigation, and the cooperation between relevant organs in investigating and handling false litigation is sometimes not smooth.  

　　 ask  

　　 reporter: How to improve the false litigation?  

　　 Yang Huiyou: Take multiple measures to expand the source of cases and focus on solving the problems found. In combination with the normalization of the special fight against crime, we focused on accurate supervision and active action in key areas such as private lending, handled a number of civil false litigation cases in a timely manner, and handed over the clues of violations of laws and disciplines found in the handling of cases to relevant functional departments in a timely manner to continue to deepen the supervision effect. Strengthen investigation and verification. For cases suspected of false litigation, the procuratorial organ should verify the relevant false litigation by inquiring files, asking the parties and outsiders, obtaining bank transfers, professional identification, etc., and guide the public security organ to do a good job in investigation. We will increase the punishment and accountability for false litigation, promote effective judgments to correct errors in a timely manner by putting forward supervision opinions and transferring clues of violations of laws and disciplines, and pursue accountability for offenders in a timely manner, so as to achieve the "two pronged approach" of civil punishment and criminal accountability.  

　　 Li Hao: The court should properly guard against the first pass of false litigation. For cases suspected of false litigation, the court should increase its investigation and evidence collection efforts on its own authority, summon the parties themselves to appear in court for questioning, treat the defendant's recognition of the plaintiff's claims carefully, and find out whether the facts of the case are true in mediation. It is necessary to establish a linkage mechanism for the public security, procuratorial, court, judicial and other departments to prevent and combat false litigation, and strive for support and cooperation from all parties through clue transfer, case handling cooperation, joint research, case discussion and other ways, so as to reach a common understanding on the identification and punishment standards of false litigation. In addition, we should also carry out various forms of publicity and education on the rule of law, analyze typical cases of judicial organs successfully preventing and combating false litigation, strengthen citizens' awareness of law-abiding and trustworthy, and form a joint force of the whole society to prevent and combat false litigation.  

　　 ·Micro topic On January 10, our corporate microblog released the topic "How to make the 'false lawsuit' disappear?", which attracted netizens' attention——  

　　 @Rigid soft v: Make up for the legal vacancy and increase the legal and economic costs of "false litigation". Let the false litigant fear the law and stop the false litigation, so as to effectively curb the chaos of the false litigation.

　　 @Zebra by Anhe Bridge: False litigation not only seriously infringes the rights and interests of the third party, but also damages the judicial authority, which is extremely harmful. To prevent this situation, we should not only severely punish this behavior, but also establish a case information platform in the court system.

　　 @Having played in the World Cup: The "Criminal Law Amendment (9)" added the crime of false litigation, and made relevant provisions from the legal level. It is believed that with the continuous attack of the judiciary and the common publicity of law popularization, this phenomenon will soon decrease. (Anhui Daily/Fan Xiaodong)