>>>welcome visitor, haven't logged in. Login
Subscribe Now Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
Guiding Opinions of the Supreme People's Court on Preventing and Punishing False Litigation [Effective]
最高人民法院关于防范和制裁虚假诉讼的指导意见 [现行有效]
【法宝引证码】

Guiding Opinions of the Supreme People's Court on Preventing and Punishing False Litigation 

最高人民法院关于防范和制裁虚假诉讼的指导意见

(No. 13 [2016] of the Supreme People's Court) (法发〔2016〕13号)

At present, phenomena of false litigation in civil and commercial trials have not only seriously infringed upon the lawful rights and interests of parties not involved in the case and destroyed social integrity, but also disturbed normal litigation order and impaired judicial authority and judicial credibility. In response to public concerns, the people's courts at various levels have attached great importance to false litigation and exerted great efforts to explore various effective measures for preventing and punishing false litigation activities. 当前,民事商事审判领域存在的虚假诉讼现象,不仅严重侵害案外人合法权益,破坏社会诚信,也扰乱了正常的诉讼秩序,损害司法权威和司法公信力,人民群众对此反映强烈。各级人民法院对此要高度重视,努力探索通过多种有效措施防范和制裁虚假诉讼行为。
1. False litigation generally contains the following factors: (1) purpose of seeking illegal interests by evading laws, regulations, or national policies; (2) malicious collusion between both parties; (3) fabrication of facts; (4) making use of legitimate civil proceedings; and (5) infringement upon the national interests, public interests, or lawful rights and interest of parties not involved in the case. 1.虚假诉讼一般包含以下要素:(1)以规避法律、法规或国家政策谋取非法利益为目的;(2)双方当事人存在恶意串通;(3)虚构事实;(4)借用合法的民事程序;(5)侵害国家利益、社会公共利益或者案外人的合法权益。
2. In practice, special attention shall be paid to the following circumstances: (1) the parties are spouses, friends, and those of other intimate relations, or affiliated enterprises and those of other common interest relations; (2) there is serious unconformity between the subject matter the plaintiff claims for judicial protection and its economic conditions; (3) the facts and grounds based on which the plaintiff files a lawsuit obviously do not conform to common sense; (4) there is no substantive dispute over civil rights and interests between both parties; and (5) despite of insufficient case evidence, both parties still voluntarily and rapidly reach a mediation agreement and file an application with the people's court for issuing a mediation document. 2.实践中,要特别注意以下情形:(1)当事人为夫妻、朋友等亲近关系或者关联企业等共同利益关系;(2)原告诉请司法保护的标的额与其自身经济状况严重不符;(3)原告起诉所依据的事实和理由明显不符合常理;(4)当事人双方无实质性民事权益争议;(5)案件证据不足,但双方仍然主动迅速达成调解协议,并请求人民法院出具调解书。
3. The people's courts at various levels shall post warning and publicity signs in case-docketing windows and courtrooms and at the same time, expressly notify the parties of the legal liabilities they should assume if they participate in false litigation in the written warning on civil litigation risks of the people's court, and guide the parties to exercising their litigation rights according to the law and participating in litigation in good faith. 3.各级人民法院应当在立案窗口及法庭张贴警示宣传标识,同时在“人民法院民事诉讼风险提示书”中明确告知参与虚假诉讼应当承担的法律责任,引导当事人依法行使诉权,诚信诉讼。
4. In the trial of cases in such fields with frequent occurrences of false litigation as private lending, division of property at the time of divorce, offsetting debts with property, labor dispute, division (combination) of companies, and enterprise bankruptcy, the people's court shall exert more efforts to evidence examination. Where there might be possible false litigation, the people's courts shall appropriately exert more efforts to investigation and evidence collection according to its authority. 4.在民间借贷、离婚析产、以物抵债、劳动争议、公司分立(合并)、企业破产等虚假诉讼高发领域的案件审理中,要加大证据审查力度。对可能存在虚假诉讼的,要适当加大依职权调查取证力度。
5. Where a party is suspected of committing false litigation, the people's court shall summon the party to the court in person to accept inquiry about the relevant case facts. Except statutory causes, the people's court shall require witnesses to appear in court. The people's court shall give full play to the roles of the provisions of judicial interpretations of the Civil Procedure Law on the signing of letters of guarantee by the parties and witnesses and explore an oath system of the parties and witnesses.
......
 5.涉嫌虚假诉讼的,应当传唤当事人本人到庭,就有关案件事实接受询问。除法定事由外,应当要求证人出庭作证。要充分发挥民事诉讼法司法解释有关当事人和证人签署保证书规定的作用,探索当事人和证人宣誓制度。
......

Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.

1. To become a premium member, please call 400-810-8266 Ext. 171.

2. Binding to the account with access to this database.

3. Apply for a trial account.

4. To get instant access to a document, you can Pay Amount 【¥200.00】 for your single purchase.
 
您好:您现在要进入的是北大法宝英文库会员专区。
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;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
     
     
Scan QR Code and Read on Mobile
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  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 as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese