Suggestions on the supervision of false litigation case of routine loan

"Routine Loan" false litigation has the typical characteristics of "routine loan", which is generally manifested in that the actor brings a civil lawsuit to the court with a falsely high loan, asking the victim to bear the falsely high debt, so as to achieve the purpose of illegal possession. In recent years, the new false litigation caused by the crime of "routine loan" not only infringes on the legitimate rights and interests of the victims, but also seriously hinders the judicial order.

According to the judicial practice, the author thinks that the procuratorial supervision of "routine loan" in false litigation mainly has the following difficulties.

First of all, it is difficult to find clues to the case. "Routine loan" is often inextricably linked with the evil forces, with the characteristics of strong concealment and difficulty in identification. Victims often do not take the initiative to report the case or reflect the clues of the case, which makes it difficult to investigate and deal with such clues.

Second, the power of civil investigation and verification is insufficient. The "routine loan" in false litigation is different from ordinary civil procuratorial supervision cases. Plaintiffs generally don't take the initiative to admit their "routine loan" behavior, and defendants often hide the fact of their "routine loan". Therefore, the supervision of such cases not only needs to make a breakthrough for both the plaintiff and the defendant, but also needs to deal with the complex problems involving black and evil in the case. The power of civil investigation and verification of procuratorial organs is a non-mandatory power. In the absence of a strong guarantee mechanism, the current rigidity is not enough to meet the practical needs of false litigation's supervision of "routine loans".

Third, it is difficult to clarify the problem of "routine loan" for the Chinese criminals in false litigation. The "routine" of "routine loan" is ever-changing, the scope is difficult to define accurately, the standard law application of criminal filing and cracking down is unclear, and there are different understandings about the reasonable payment of loan principal and interest, so it is necessary to correctly handle the cross-legal issues between criminal and civil. In addition, under the principle of "punishment before people", once the perpetrator of "routine loan" is not recognized as a crime, whether the original judgment can be overturned is a problem that civil prosecutors need to think about.

Fourth, the lack of compound talents in grass-roots procuratorates has restricted the development of "routine loan" supervision in false litigation. "Routine Loan" false litigation procuratorial supervision is a new way of handling cases faced by civil prosecutors in the special struggle against evil in recent years, which requires civil prosecutors to have not only civil review ability, but also certain criminal review ability. At present, the professional level of some civil prosecutors is difficult to match their functional requirements, which makes it difficult to handle such cases.

In order to improve the strength and efficiency of "routine loan" in false litigation, the author thinks we should start with the following points.

The first is to strengthen the awareness of clue discovery. "Routine loan" has the characteristics of professionalism, premeditation and concealment. In handling cases, civil prosecutors should strengthen the examination of private lending cases, communicate with public security, courts, banks and other departments for cases that may involve "routine loans", obtain case clues and technical support from other units, and improve the chances of success in identification.

The second is to improve the means of civil investigation and verification rights and enhance the rigidity of power protection measures. To exercise the civil investigation and verification right to investigate and deal with false litigation cases within the existing legal framework, we should fully and effectively exercise all rights. Procuratorial organs should rely on the positioning of legal supervision organs and actively form a cooperative mechanism with public security, courts and other departments. For units or individuals that obstruct judicial acts, procuratorial organs can exercise the right of accountability and suggestion, and suggest their competent departments to deal with them or transfer them to public security organs according to the situation.

Third, correctly handle the cross between criminal and civilian issues in the supervision of "routine loans" in false litigation. Routine loan is a typical cross-disciplinary case. Procurators should fully strengthen the cooperation between criminals and civilians in handling cases. At the same time, civil prosecutors can start supervision procedures ex officio, make full use of protest and retrial procuratorial suggestions, and adopt diversified supervision means to realize the organic unity of "three effects" of effectively punishing false litigation routine loans. It is worth noting that the transformation of "routine loan" into false litigation does not necessarily constitute the crime of false litigation. It is necessary to evaluate and characterize the behavior as a whole, and it may also be identified as fraud, extortion and illegal detention. Therefore, we can't supervise civil cases just because "routine loan" false litigation doesn't constitute false litigation crime. In judicial practice, the criminal standard of "routine loan" is inconsistent with the civil supervision standard in false litigation. Only when the civil procuratorial department thinks that the evidence collected by the investigation is enough to overturn the original judgment can it put forward suggestions for retrial procuratorial work, and it is not necessary to commit crimes through "routine loans".

The fourth is to improve the prosecutor's practical ability in civil litigation. The types of civil litigation cases are increasingly complex and diverse, and the "upgraded version" of civil procuratorial supervision puts forward higher requirements for prosecutors. Therefore, by inviting relevant experts and case-handling experts to give lectures in the hospital, sending civil prosecutors to the court for training, and directly participating in the trial practice of civil and commercial cases, we can lay a foundation for civil prosecutors to better perform their legal supervision functions.