The Dongguan Intermediate People's Court found out that the case of housing sales contract dispute was filed at the instigation of Laihao Company and its legal representative Li, which concealed the fact that there was no housing sales with grain and oil companies and real estate companies and the purchase price had been recovered.
In the end, Dongguan Intermediate People's Court found that Wu Mou had made false statements in the course of litigation and colluded with others maliciously in an attempt to infringe upon the legitimate rights and interests of a real estate company and a grain and oil company through litigation and mediation. Therefore, the judgment rejected all the claims of Wu Mou, fined Wu Mou 654.38+10,000 yuan, and transferred the criminal clue that Wu Mou was suspected of constituting the crime of false litigation to the public security organ.
A seemingly ordinary private loan contract hides unknown secrets behind it. In order to avoid the policy that affordable housing cannot be listed and traded for five years, the buyer and the seller fabricated a loan relationship through the guidance of "professionals" and agreed that they could not repay the house payment to each other when it expired. Both parties did get the mediation letter issued by the court and successfully handled the transfer procedures.
This kind of "fake lawsuit" commonly known in false litigation is generally manifested in that the parties either fabricate the facts of the case, or fabricate the legal relationship, or fabricate the litigation evidence, and concoct a fake case and false litigation dispute with the intention of using the jurisdiction and enforcement power of the court to achieve illegal purposes. False litigation not only infringes on the legitimate rights and interests of others, seriously damages the judicial authority and credibility, but also corrupts the social atmosphere and disrupts the market economic order.
"Threatening or threatening" refers to psychological fear and pressure on the victim and his close relatives through mental coercion. "Large amount" ranges from 2,000 yuan to 5,000 yuan, and "multiple extortion" refers to extortion for more than three times in two years.
Liu Donghong, the judge in charge, said that in recent years, false litigation has frequently occurred in the fields of private lending, house sales, labor disputes, and litigation of execution objections, which seriously disrupted the socialist market economic order and judicial order, infringed on the legitimate rights and interests of the parties and caused great harm.
Previously, there were many cases in which counterfeiters were criminally detained on suspicion of extortion because they claimed to have bought fakes, and most of them were officially classified as misjudged cases. Some people think that although the purpose of counterfeiters is to make profits, it is a legitimate interest to claim compensation on the grounds of defective products of merchants. However, if businesses have a clear conscience and operate legally, they will not be caught by a willing heart.
Combating false litigation is a long-term systematic project, which requires multi-department linkage and collaborative governance. A court official once told reporters that there is a lack of communication platform for trial information between different courts, and there is also a lack of effective information exchange channels between courts, procuratorates and public security organs. It is difficult for judges to fully grasp the property status and credit records of the parties when handling cases.
In dealing with false litigation's case, the connection between criminal litigation and civil litigation is controversial in practice. The Supreme Law further clarified the information communication mechanism between the courts, requiring the relevant courts to do a good job in linking up procedures and maintaining the coordination between the criminal and the people.
As we all know, laws have boundaries and bottom lines. If you go beyond the bottom line, or cross the line, it is likely to become the target of attack. Only by making the parties who attempt to seek illegitimate interests through false litigation pay the illegal and criminal costs can we effectively safeguard the legitimate rights and interests of the people, optimize the business environment ruled by law, and truly demonstrate the judicial authority and credibility.