Supreme Law Rectifies Housing-related false litigation and Explores to Establish a "Blacklist" System

Forgery of evidence, fabrication of facts, malicious collusion ... For the purpose of avoiding the restrictions on the purchase and sale of the property market, false housing sales lawsuits have occurred from time to time. Recently, the Supreme People's Court has provided a "yardstick" for identifying false litigation, and issued "Opinions on Deepening the Renovation Work in false litigation" (hereinafter referred to as "Opinions"), clearly stating that the effectiveness of the contract should be strictly reviewed, and if a lawsuit is brought for illegal purposes, such as evading debts, evading execution, obtaining illegal demolition benefits, and evading macro-control policies, the contract should be deemed invalid.

In 4 years, 65,438 pieces +0.23 million pieces were investigated and dealt with in false litigation.

In order to avoid the compulsory execution of the house under Feng's name, his former spouse Gao raised an execution objection to the people's court with a false divorce agreement. During the trial, the court found that the divorce agreement on property division was inconsistent with the divorce agreement filed by both parties in the marriage registration office of the Civil Affairs Bureau. This is one of the 10 typical cases of false litigation published by the Supreme People's Court not long ago.

Zheng, the president of the First Court of Civil Trial in the Supreme People's Court, told the reporter of China Consumer that since the crime of false litigation was added to the Criminal Law Amendment IX, which came into effect in 10, the number of criminal cases concluded by the people's courts in false litigation, the number of convicts and the number of heavy sentences sentenced to more than five years in prison have increased year by year. 2017 in 2020, courts across the country investigated and dealt with false litigation cases 12300. Although the investigation has been intensified, it is very important to identify and identify false litigation because of its great concealment and new characteristics.

In this regard, the Opinions stipulate which situations belong to false litigation, which provides a "yardstick" for identifying false litigation; Summarize the eight characteristics of false litigation, which provides a guide for identifying false litigation; Ten kinds of common false litigation are listed, which points out the key points for the renovation of false litigation; And built a false litigation correction mechanism that runs through the whole process of filing, trial and execution.

According to the Opinions, a person who, alone or in malicious collusion with others, fictionalizes the basic facts of a civil case, fictionalizes a civil dispute, brings a civil lawsuit to a people's court, damages the national interests, social public interests or the legitimate rights and interests of others, and hinders the judicial order constitutes false litigation. False litigation also belongs to the act of applying to the people's court for enforcement of arbitral awards, conciliation statements and notarized creditor's rights documents based on fabricated facts, objecting to the enforcement targets with fabricated facts in the process of civil enforcement, and applying to participate in the implementation of property distribution.

Focus on key areas such as housing sales.

Disputes over private lending, lawsuits against execution, labor disputes, divorce and property analysis disputes, disputes over one party's property in divorce cases, disputes over enterprise bankruptcy, disputes over company division (merger), disputes over trademark involving well-known trademarks, divorce, disputes over property division and inheritance, sales contracts involving demolition, sales contracts involving macro-control policies such as housing purchase restriction and motor vehicle allocation index control, and disputes over paying debts in kind are all prone to occur in false litigation. In this regard, the "Opinions" require focusing on key areas and increasing rectification efforts.

Yan Yuejin, research director of the think tank center of Yiju Research Institute, told the reporter of China Consumer News that in fact, in recent years, the phenomenon of circumventing the policy of restricting purchases and sales through false litigation has risen. Some landlords' properties are restricted from buying and selling, so they can't be sold, and buyers can't buy them because they are not qualified to buy houses, so the "gray zone" of second-hand housing transactions is derived. Some people make this kind of houses enter the judicial auction through fictitious debt disputes, property buyers suing landlords, etc., and then bypass the restrictions of sales restriction and purchase restriction policies to realize housing transactions. "This practice obviously violates the requirements of litigation, and it also violates the spirit of' staying in the house and not speculating'. Naturally, it must be strictly controlled." Yan Yuejin said, "Some intermediaries think they have found a way to circumvent the house purchase policy and then conduct transactions between buyers and sellers, but in fact this practice has violated the legal red line and will eventually face legal sanctions."

Based on this phenomenon, in view of the real estate field, the Opinions clarify that the effectiveness of contracts should be strictly examined, and if a lawsuit is filed for illegal purposes, such as evading debts, evading execution, obtaining illegal demolition benefits, and evading macro-control policies, the contract should be deemed invalid; Fictitious house purchase qualification to participate in the judicial auction of real estate shall be deemed invalid; If the buyer's fictitious qualification for purchasing a house leads to invalid auction, he shall be liable for compensation according to law.

Explore the establishment of a "blacklist" system

False litigation's disregard for legal dignity has affected the fairness of the court's judgment, and the parties concerned should pay the corresponding price. According to Article 35 of the Criminal Law Amendment (IX): "Whoever brings a civil lawsuit with fabricated facts, impairs the judicial order or seriously infringes upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. "

Yan Fu, a judge of Chaoyang District Court, told the reporter of China Consumer News that the parties concerned must dispose of their civil rights and litigation rights in good faith, which can be said to be against false litigation's principled provisions. In a narrow sense, false litigation refers to the malicious collusion between the parties in an attempt to infringe upon the legitimate rights and interests of others through litigation and mediation; Broadly speaking, false litigation also includes cases of unilaterally forging evidence and deliberately dragging defendants into litigation. Throughout the trial practice, false litigation is more like false litigation in a broad sense.

He Xiaorong, vice president of the Supreme People's Court, publicly introduced at the press conference of the State Council Office. In recent years, according to the characteristics of false litigation in different periods, the Supreme People's Court has successively issued the Emergency Notice on Strictly Examining Various Acts of false litigation under the Real Estate Control Policy, Guiding Opinions on Formulating Prevention and Sanctions for false litigation's Acts, and Opinions on Further Strengthening the Punishment of Crimes in false litigation, and issued normative documents such as judicial interpretation of civil procedure law, judicial interpretation of private lending, and judicial interpretation of handling criminal cases in false litigation, so as to guide courts across the country to actively and orderly carry out false litigation rectification.

In order to further rectify the key areas in false litigation, the Opinions put forward three requirements for punishing criminal crimes involving false litigation: overall strictness, cracking down on key points and coordination between punishment and people, and strictly investigate the criminal responsibility of false litigation perpetrators.

In this regard, the Opinions also require people's courts at all levels to actively explore the establishment of a "blacklist" system in false litigation. Establish the information base of false litigation untrustworthy list, and automatically identify false litigation personnel information in the process of "establishment, trial and enforcement". At the same time, open the list of false litigation personnel to the public, actively explore the credit punishment mechanism, strive to connect with the information base of credit reporting agencies, promote the construction of social credit system, and increase the illegal cost of false litigation personnel through credit punishment.

In the next step, the Supreme People's Court will formulate a series of judicial interpretations and judicial policies, further tighten the cage of the system, reduce the space of false litigation, and realize the treatment of both the symptoms and the root causes of false litigation.