|
|
|
Opinions of the Supreme People's Court on Making Further Rectifications on False Accusations
[Effective]
|
|
最高人民法院关于深入开展虚假诉讼整治工作的意见
[现行有效]
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | |
| Opinions of the Supreme People's Court on Making Further Rectifications on False Accusations | | 最高人民法院关于深入开展虚假诉讼整治工作的意见 |
| (No. 281 [2021] of the Supreme People's Court) | | （法〔2021〕281号） |
| For the purposes of further strengthening rectifications on false accusations, maintaining the judicial order, realizing judicial justice, establishing judicial authority, protecting the lawful rights and interests of the parties concerned, creating a market environment with fair competition, and promoting the building of good faith in society, the Opinions are hereby offered in accordance with the provisions as prescribed in the Civil Code of the People's Republic of China, the Criminal Law of the People's Republic of China, and the Civil Procedure Law of the People's Republic of China, and in light of the actual working conditions. | | 为进一步加强虚假诉讼整治工作，维护司法秩序、实现司法公正、树立司法权威，保护当事人合法权益，营造公平竞争市场环境，促进社会诚信建设，根据《中华人民共和国民法典》《中华人民共和国刑法》《中华人民共和国民事诉讼法》等规定，结合工作实际，制定本意见。 |
| I. Improving ideological awareness and the sense of responsibility. As a major task of the plans made by the Party in the 4th Plenary Session of the 18th CPC Central Committee, the work of rectifications on false accusations places political, legal and social responsibilities on the shoulder of the people's courts, and it plays a significant role in building good faith in society, protecting people's rights, ensuring economic development, maintaining judicial authority, and building China into a country ruled by law. The people's courts at various levels shall continue to take Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, further learn and implement Xi Jinping Thought on the Rule of Law, follow the principle of good faith in civil procedures, maintain the effectiveness of the system, confine the exercise of power within an institutional cage, minimize the room for false accusations, eradicate the root cause of false accusations, work actively to guide people to file a lawsuit in good faith and in accordance with the law, and create a peaceful environment governed by law and a peaceful mind in people governed by virtue, so as to carry forward the core socialist values of honesty and integrity. | | 一、提高思想认识，强化责任担当。整治虚假诉讼工作，是党的十八届四中全会部署的重大任务，是人民法院肩负的政治责任、法律责任和社会责任，对于建设诚信社会、保护群众权利、保障经济发展、维护司法权威、建设法治国家具有重要意义。各级人民法院要坚持以习近平新时代中国特色社会主义思想为指导，深入学习贯彻习近平法治思想，依法贯彻民事诉讼诚实信用原则，坚持制度的刚性，扎紧制度的笼子，压缩虚假诉讼存在的空间，铲除虚假诉讼滋生的土壤，积极引导人民群众依法诚信诉讼，让法安天下、德润人心，大力弘扬诚实守信的社会主义核心价值观。 |
| II. Accurately identifying and investigating false accusations and protecting the procedural rights of litigants in accordance with the law. A false accusation occurs when a civil lawsuit is filed with the people's court based on the basic facts of civil cases or civil disputes fabricated by a false accuser by falsification of evidence, misrepresentation or other means alone or in malicious collusion with other persons, which causes harm to the national interests, pubic interests, or the lawful rights and interests of any other person or disrupts the judicial order. A false accusation also includes applying to the people's court for the enforcement of an arbitration award, a consent judgment, or the notarization of a debt instrument based on fabricated facts, or raising an objection to the subject matter of enforcement based on fabricated facts, or applying for participating in the distribution of property in the course of civil enforcement. A civil litigation representative, witness, identification or evaluation expert, or notary who colludes with other persons to file a false lawsuit shall be deemed as a false accuser. The procedural rights of litigants shall be protected in accordance with the law while a false accusation is rectified. It shall be prevented from relaxing the identification and investigation of false accusations on the ground of protecting the litigants' procedural rights, and from refusing to file for investigation as required and injuring the procedural rights of litigants on the ground of rectifying a false accusation. | | 二、精准甄别查处，依法保护诉权。单独或者与他人恶意串通，采取伪造证据、虚假陈述等手段，捏造民事案件基本事实，虚构民事纠纷，向人民法院提起民事诉讼，损害国家利益、社会公共利益或者他人合法权益，妨害司法秩序的，构成虚假诉讼。向人民法院申请执行基于捏造的事实作出的仲裁裁决、调解书及公证债权文书，在民事执行过程中以捏造的事实对执行标的提出异议、申请参与执行财产分配的，也属于虚假诉讼。诉讼代理人、证人、鉴定人、公证人等与他人串通，共同实施虚假诉讼的，属于虚假诉讼行为人。在整治虚假诉讼的同时，应当依法保护当事人诉权。既要防止以保护当事人诉权为由，放松对虚假诉讼的甄别、查处，又要防止以整治虚假诉讼为由，当立案不立案，损害当事人诉权。 |
| III. Having an accurate understanding of the characteristics of false accusations and making targeted rectifications on them. The people's courts at various levels shall actively summarize their experience in judicial practices, and accurately identify the characteristics of false accusations so as to make precise and targeted rectifications. Cases under any of the following circumstances shall be given close attention to and be strictly examined to prevent false allegations: the facts or grounds on which the plaintiff files a lawsuit do not conform to common sense; the amount of the subject matter of action is seriously inconsistent with the accuser's economic situation; the parties concerned are relatives, affiliates, or have other common interests, and the result of the allegation may affect the interests of non-parties; there is no substantive dispute over civil rights and interest or there are no substantive claims and defenses or confrontation between the parties concerned; the facts admitted by the parties are inconsistent with common sense; the parties confronted with heavy debt burdens transfer property at a low price which is manifestly unreasonable or acquires by transfer the property at a high price which is manifestly unreasonable or waives the property right; the evidence based on which case facts are ascertained is insufficient, but both parties voluntarily and rapidly reach a mediation agreement and request the people's court to prepare a consent judgment; or the parties concerned witness the case facts but fail to make complete and accurate statements of case facts or their statements are contradictory. | | 三、把准特征表现，做好靶向整治。各级人民法院要积极总结司法实践经验，准确把握虚假诉讼的特征表现，做到精准施治、靶向整治。对存在下列情形的案件，要高度警惕、严格审查，有效防范虚假诉讼：原告起诉依据的事实、理由不符合常理；诉讼标的额与原告经济状况严重不符；当事人之间存在亲属关系、关联关系等利害关系，诉讼结果可能涉及案外人利益；当事人之间不存在实质性民事权益争议，在诉讼中没有实质性对抗辩论；当事人的自认不符合常理；当事人身陷沉重债务负担却以明显不合理的低价转让财产、以明显不合理的高价受让财产或者放弃财产权利；认定案件事实的证据不足，当事人却主动迅速达成调解协议，请求人民法院制作调解书；当事人亲历案件事实却不能完整准确陈述案件事实或者陈述前后矛盾等。 |
| IV. Focusing on key areas and strengthening rectifications. False accusations are prone to occur at various types of disputes such as disputes over private lending, enforcement objection actions, labor disputes, disputes over divorce and partition of family property, property disputes where one party to a divorce action is the defendant, disputes over enterprise bankruptcy, disputes over split-up or merger of companies, disputes over well-known trademarks, disputes over divorce, partition of family property, inheritance and housing sales contracts involving demolition, sales contracts involving macro control policies such as restrictions on housing purchases and control of motor vehicle quotas, and disputes over offsetting debts with property. The people's courts at various levels shall pay particular attention to and conduct strict examination on the aforesaid cases, and shall strengthen rectifications on false accusations. | | 四、聚焦重点领域，加大整治力度。民间借贷纠纷，执行异议之诉，劳动争议，离婚析产纠纷，诉离婚案件一方当事人的财产纠纷，企业破产纠纷，公司分立（合并）纠纷，涉驰名商标的商标纠纷，涉拆迁的离婚、分家析产、继承、房屋买卖合同纠纷，涉房屋限购和机动车配置指标调控等宏观调控政策的买卖合同、以物抵债纠纷等各类纠纷，是虚假诉讼易发领域。对上述案件，各级人民法院应当重点关注、严格审查，加大整治虚假诉讼工作力度。 |
| V. Continuing to implement policies according to the types of false allegations and improving the efficiency of rectifications. Where the plaintiff requests the withdrawal of a case determined by the people's court as a false accusation, the people's court shall not approve the withdrawal, and shall instead render a judgment to dismiss the accuser's request in accordance with the provisions of Article 112 of the Civil Procedure Law. Where a false accusation is extremely abominable or has caused grave consequences, or an accuser has filed multiple false lawsuits or created a series of cases involving false allegations, a heavier punishment shall be imposed. Where a false accusation infringes upon the civil rights and interests of other persons, the accuser shall be held accountable for compensation. Where the people's court discovers, in the process of case handling, any suspected crime of a false accusation, relevant materials shall be transferred to the criminal investigation organ in a timely manner; where a public official or any personnel from state-owned enterprises or public institutions files or participates in a false lawsuit, the entity he or she is working in or the supervisory authority shall be notified; and where a lawyer, primary-level legal service worker, forensic identification and evaluation expert, or notary files or participates in a false lawsuit, a judicial proposal may be made to the relevant administrative authority and the industry association to urge them to impose administrative punishment or industrial punishment in a timely manner. Judicial personnel who participate in a false accusation by taking advantage of their functions and powers shall be punished in strict accordance with the law; and those who commit a crime shall be held criminally liable in accordance with the law. | | 五、坚持分类施策，提高整治实效。人民法院认定为虚假诉讼的案件，原告申请撤诉的，不予准许，应当根据民事诉讼法第一百一十二条规定，驳回其诉讼请求。虚假诉讼行为情节恶劣、后果严重或者多次参与虚假诉讼、制造系列虚假诉讼案件的，要加大处罚力度。虚假诉讼侵害他人民事权益的，行为人应当承担赔偿责任。人民法院在办理案件过程中发现虚假诉讼涉嫌犯罪的，应当依法及时将相关材料移送刑事侦查机关；公职人员或者国有企事业单位人员制造、参与虚假诉讼的，应当通报所在单位或者监察机关；律师、基层法律服务工作者、鉴定人、公证人等制造、参与虚假诉讼的，可以向有关行政主管部门、行业协会发出司法建议，督促及时予以行政处罚或者行业惩戒。司法工作人员利用职权参与虚假诉讼的，应当依法从严惩处，构成犯罪的，应当依法从严追究刑事责任。 |
| VI. Strengthening the identification of a false accusation in the process of case filing, and working effectively to give a warning or reminder of a false lawsuit. In the process of case filing, information systems such as the case-filing assistance system and the China Judgments Online may be used to retrieve cases affiliated to the parties concerned and verify their identity information. Where an accuser has several pending cases or affiliated cases or is found to be possibly involved in other false accusations, focus shall be placed on verifying his or her information. Where there is a suspected false accusation, a warning or reminder of the accuser shall be given, and the accuser shall be marked in the case-handling system so as to remind the trial and enforcement departments of paying particular attention to such cases that may possibly result in the risk of a false accusation. | | 六、加强立案甄别，做好警示提醒。立案阶段，可以通过立案辅助系统、中国裁判文书网等信息系统检索案件当事人是否有关联案件，核查当事人身份信息。当事人存在多件未结案件、关联案件或者发现其他可能存在虚假诉讼情形的，应当对当事人信息进行重点核实。发现存在虚假诉讼嫌疑的，应当对行为人进行警示提醒，并在办案系统中进行标记，提示审判和执行部门重点关注案件可能存在虚假诉讼风险。 |
| VII. Continuing to take multiple measures to investigate the facts of a case. In the trial of a case involving a suspected false accusation, the parties concerned and witnesses shall be required to sign a letter of guarantee before the parties are questioned or witnesses testify. The letter of guarantee shall specify that statements are to be made based on facts and the statement maker is willing to accept punishment if any false statement is made. Where a party who bears the burden of proof refuses to appear in court, accept inquiry, or sign the letter of guarantee, and there is a lack of other evidence to prove the facts to be investigated, the facts he or she claimed shall not be ascertained. A witness who refuses to sign the letter of guarantee may not be allowed to testify and shall assume relevant expenses. Where a case is suspected of causing harm to the national interests, public interests or lawful rights and interests of other persons through a false accusation, the people's court shall conduct investigation and collect relevant evidence to ascertain the basic facts of the case. | | 七、坚持多措并举，查明案件事实。审理涉嫌虚假诉讼的案件，在询问当事人之前或者证人作证之前，应当要求当事人、证人签署保证书。保证书应当载明据实陈述、如有虚假陈述愿意接受处罚等内容。负有举证责任的当事人拒绝到庭、拒绝接受询问或者拒绝签署保证书，待证事实又欠缺其他证据证明的，对其主张的事实不予认定。证人拒绝签署保证书的，不得作证，自行承担相关费用。涉嫌通过虚假诉讼损害国家利益、社会公共利益或者他人合法权益的案件，人民法院应当调查收集相关证据，查明案件基本事实。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|