The fifth issue is launched by A series of false litigation supervision cases of vehicle sales contract disputes, such as Zhang, jointly handled by the procuratorial organs in Wuhu, Hefei, Xuancheng and Chuzhou.
Brief introduction: At the beginning of March 2021, the Wuhu Procuratorate learned from relevant departments that the Shanghai public security organs had investigated the fraud cases involving Shanghai's license plate quota, including the clues of false litigation cases involving Anhui. Wuhu Procuratorate immediately sent special personnel to Shanghai public security organs to carry out verification work. After knowing the situation, we immediately reviewed the case list materials provided by the public security organ at the same time, and preliminarily sorted out 284 false litigation clues involving Anhui, including 230 in Wuhu.
In order to handle this series of cases well, the provincial procuratorate listed the case for supervision as soon as possible, and transferred business backbones from Wuhu municipal procuratorates, Hefei, Xuancheng and other places to set up special teams for centralized handling. The special case team believes that Zhang and other people's acts constitute false lawsuits, and the procuratorial organ should supervise them according to law. Wuhu Procuratorate protested 61 civil mediation cases to Wuhu Intermediate Court, and Wuhu Yijiang District Procuratorate proposed retrial and procuratorial suggestions to Yijiang District Court for 162 civil mediation cases. Hefei, Xuancheng, Chuzhou and other procuratorial organs put forward supervision opinions on 61 local false mediations. At the same time, the clues of violations of discipline and law behind the cases of judges' dereliction of duty and perverting the law in handling cases shall be transferred to the Commission for Discipline Inspection and the procuratorial duty crime investigation department for handling according to law, and special personnel shall be dispatched to cooperate with the relevant departments for discipline review and duty investigation and provide legal review opinions.
In June 2021, Yijiang District Court of Wuhu City ruled to cancel the original effective mediation statement and dismiss the lawsuit for 223 false lawsuits. Civil cases in Hefei, Xuancheng and other places where the procuratorial organs put forward supervision opinions have entered the retrial and error correction procedure. Several public officials involved in the case were put on file for investigation, and six attorneys who participated in the false litigation were also prosecuted for the crime of false litigation.
[Guide]
Early March 2021
The Wuhu Procuratorate learned that
Wuhu Yijiang District Court
Disputes involving Shanghai license plate vehicle sales contract
The client and attorney of
Suspected of fraud and false litigation
Being investigated by Shanghai public security organ
There may be false litigation clues
Utilize the integrated cooperation mechanism of procuratorial work in the Yangtze River Delta
Coordination between Anhui Provincial Procuratorate and Shanghai Municipal Procuratorate
From Shanghai Hongkou District Procuratorate and public security organs
Investigate the electronic file materials and accept the review according to the authority
After preliminary combing of the case involving Anhui
284 false litigation clues, including 230 in Wuhu
The series of cases are listed and supervised by the provincial procuratorate
And led the establishment of a three-level integration project team
From Wuhu Municipal Procuratorate and Hefei, Xuancheng and other places
Transferring business backbone to set up a special group for centralized handling
From more than 200 investigation files
Sort out the false litigation and
Relevant evidential materials of the judges' violation of the law
Preliminary review completed within one week
Reviewed by the procuratorial organ
Zhang Mouhua and others obtained the
Vehicle information of 223 closed Shanghai companies
Forged the vehicle sales agreement
List Yijiang District, Wuhu City as the place of signing the contract
Defrauded Yijiang District Court of a civil mediation statement
And then applied to the court for compulsory execution
Vehicle property rights of 223 closed Shanghai companies
Transferred to the name of Zhang Mouhua and his associates
Later, by means of entrusted auction
Illegal possession of vehicle quota auction funds
The total amount is more than 30 million yuan
Special case teams insist on simultaneous promotion in handling cases
"Supervision over matters" and "supervision over persons"
Comprehensively sort out, analyze and judge false lawsuits
Clues behind violations of discipline and laws
Timely transfer the clues to relevant departments for processing
Promote in-depth illegal supervision in an all-round way
Several trial executives involved in the case were
Wuhu Commission for Discipline Inspection, Wuhu Procuratorate
Case filing and investigation successively
The procuratorial organ has charged
Bring a public prosecution to the court for the crime of perverting the law
Received by Wuhu Yijiang District People's Court
Retrial procuratorial proposal and intermediate court order
Timely order retrial after retrial order
223 false lawsuits in June 2021
Both ruled to cancel the original effective mediation statement and reject the lawsuit
The procuratorial organs in Hefei, Xuancheng and other places proposed
Civil cases with supervisory opinions
Successively enter the retrial error correction procedure