虚假诉讼
Search documents
一枚印章揭开虚假诉讼之谜
Xin Lang Cai Jing· 2026-01-10 23:42
Core Viewpoint - The case highlights the complexities of corporate responsibility and the potential for fraudulent activities within companies, particularly regarding the misuse of company seals and the implications of internal management practices [2][3][4]. Group 1: Case Background - A businessman attempted to evade debt by claiming the company seal was forged, leading to a civil lawsuit where the company denied authorization for the contract [2]. - The court ruled that the individual was solely responsible for the debt, as he admitted to using a personal seal without company authorization [2]. Group 2: Investigation Findings - The investigation revealed discrepancies in the company's claims, as the actual controller insisted there was only one registered company seal, while multiple seals were found to be in use [3]. - Evidence indicated that the individual had been instructed to falsely claim ownership of the seal during the court proceedings, suggesting a coordinated effort to mislead the court [3][4]. Group 3: Internal Management Issues - The company's internal seal management was found to be chaotic, with multiple seals being used interchangeably without proper authorization [4]. - The investigation uncovered that the seal in question was used for significant contracts, indicating a systemic issue within the company's operational practices [4][5]. Group 4: Legal Implications - The case underscored the legal principle that actions taken by an employee within their authority should bind the company, especially when third parties reasonably rely on the employee's position [5]. - Following the investigation, a recommendation for retrial was made, leading to a new court ruling that held both the company and the individual liable for the debt [6].
虚假诉讼套取住房公积金 北京市检察院受理304件相关案件
2 1 Shi Ji Jing Ji Bao Dao· 2025-12-26 13:09
Core Viewpoint - Beijing's prosecutorial authorities have initiated a special supervision action against false litigation, particularly targeting cases that exploit judicial processes to fraudulently obtain housing provident fund, with a total of 215 civil false litigation supervision cases handled from January 1, 2024, to December 31, 2025 [1] Group 1: Impact on Housing Provident Fund - The fraudulent litigation to obtain housing provident fund severely disrupts the normal management order of the fund and undermines judicial credibility [2] - During the special supervision action, 304 cases of fraudulent litigation related to housing provident fund were accepted, resulting in 229 pre-litigation mediation judicial confirmation rulings being revoked, 49 retrial prosecutorial suggestions issued, and 26 appeals made, all of which were accepted and resulted in revised judgments by the courts [2] Group 2: Use of Technology in Detection - The Beijing Municipal People's Procuratorate utilized a big data legal supervision model to uncover fraudulent litigation cases, successfully addressing the challenge of discovering clues in such cases [2] - The special action led to the identification and transfer of 66 clues to provincial procuratorial authorities, which subsequently resulted in batch supervision opinions being adopted by the courts [2] Group 3: Addressing Malicious Debt Evasion - The special supervision action also focuses on punishing behaviors that evade debt through false litigation, with 58 cases formally filed under the "debt transfer false litigation evasion" model [3] - A collaborative framework between the Beijing Municipal People's Procuratorate and the Beijing Municipal Public Security Bureau has been established to clarify responsibilities and processes in combating false litigation [3] - From January 2024 to the present, 8 criminal leads related to civil false litigation (excluding housing provident fund cases) have been transferred to the public security authorities, with 6 cases already filed [3]
多维度依法打击虚假诉讼
Xin Lang Cai Jing· 2025-12-23 20:12
Core Viewpoint - The article discusses the increasing prevalence of fraudulent litigation in China, highlighting a specific case where a debtor conspired with a relative to fabricate a loan and deceive the court, ultimately leading to a re-examination and dismissal of the fraudulent claim [1] Summary by Relevant Sections Fraudulent Litigation Trends - Fraudulent litigation cases are on the rise, with debtors attempting to use it as a shield against debt repayment [1] - The methods of fraudulent litigation have diversified, becoming more covert and expanding into various fields beyond traditional areas like private lending and divorce settlements [1] Legal Framework and Governance - China has a comprehensive legal framework to combat fraudulent litigation, including provisions in the Civil Procedure Law that allow courts to dismiss malicious collusion and impose penalties [1] - The Supreme People's Court has issued judicial interpretations to clarify the standards for identifying fraudulent litigation and the penalties for those involved [1] Recent Developments and Recommendations - Recent judicial interpretations and guidelines have been introduced to enhance the identification and prosecution of fraudulent litigation [1] - Recommendations for strengthening governance include improving institutional design, leveraging technology for detection, and enhancing inter-departmental collaboration [1]
监督申请人不服判决,原来是因为误工费
Ren Min Wang· 2025-06-13 01:11
Core Viewpoint - A dispute between taxi drivers over passenger competition escalated into a physical altercation, leading to administrative detention and civil litigation, which was ultimately resolved through mediation by the Shenzhen Procuratorate [1][2]. Group 1: Incident Overview - In October 2023, taxi driver Peng engaged in a physical confrontation with Wang over passenger competition, resulting in Wang sustaining minor injuries and Peng facing administrative detention and fines [1]. - Wang filed a civil lawsuit seeking over 6,600 yuan in compensation for medical and lost work expenses, with the court ruling that Peng should pay 640 yuan for medical expenses and 1,000 yuan for lost work [1]. Group 2: Legal Proceedings and Findings - Peng contested the court's decision, claiming Wang exaggerated his injuries and fabricated work loss evidence, arguing that Wang was able to work the day after the incident [1][2]. - The procuratorate investigated and found inconsistencies in Wang's statements regarding his injuries and confirmed that he continued to work during the recovery period, leading to Wang admitting he did not actually lose work [2]. Group 3: Resolution and Mediation - The procuratorate facilitated a resolution by explaining the legal implications of both parties' actions, ultimately leading to a settlement where Wang returned 200 yuan of the lost work compensation to Peng, and Peng withdrew his supervisory application [2].
突然被执行悬赏!曾是300亿A股公司实控人
Zheng Quan Shi Bao· 2025-05-10 02:29
Core Viewpoint - The recent execution reward announcement by the Shenzhen Qianhai Cooperation Zone People's Court has exposed legal issues surrounding Zhong Baisheng, the chairman of Tengbang Group, involving an unexecuted amount exceeding 30,000 yuan [1][6]. Group 1: Company Background - Zhong Baisheng is the founder and chairman of Tengbang Group, which includes Tengbang Holdings, a delisted H-share company, and Tengbang International, which has also been delisted from A-shares [2]. - Tengbang Holdings was the first company to be delisted in Hong Kong in 2025, with its trading suspended since April 3, 2023, and its listing status canceled on January 3, 2025 [6]. Group 2: Legal Issues - The unexecuted amount of over 30,000 yuan includes related debt interest, execution fees, and actual expenses incurred during the execution process [6]. - Tengbang Holdings was ordered into liquidation by the Hong Kong High Court in September 2023, and a stock auction for its pledged shares failed to attract bids, indicating a lack of investor interest [8]. - Legal compliance issues have plagued the "Tengbang system," with past administrative penalties from the China Securities Regulatory Commission for failing to disclose significant information [10]. Group 3: Ongoing Litigation - Zhong Baisheng and former executives of Tengbang Group have been involved in numerous lawsuits, with over a hundred civil cases initiated against former executives, some of whom have faced multiple lawsuits [10]. - The recent execution reward announcement highlights the deepening conflicts between Zhong Baisheng and related parties, indicating a severe breakdown in relationships [11]. - The refusal to pay a court-ordered lawyer fee of over 30,000 yuan has been cited as a direct trigger for the execution reward announcement [13].
亿元工程合同 “无中生有”?普邦股份原收购标的突爆离奇谜团
Shang Hai Zheng Quan Bao· 2025-04-02 18:31
Core Viewpoint - The article discusses a complex legal and financial dispute involving Pubang Co., Ltd. and its former acquisition, Deep Blue Environmental Technology Co., Ltd., highlighting allegations of financial fraud and the unexpected emergence of a significant debt of 60 million yuan for a private company, Jiahe Construction [6][8][24]. Group 1: Company Background and Acquisition - Pubang Co., Ltd. acquired 100% of Deep Blue Environmental in 2015, which initially met performance commitments during a four-year earn-out period but later experienced a significant decline in performance [6][24]. - Deep Blue Environmental was sold by Pubang Co. in 2023, following the emergence of legal issues and financial discrepancies [6][24]. Group 2: Legal Dispute and Allegations - Jiahe Construction claims it was unaware of any contracts with Deep Blue Environmental and was surprised to find itself liable for 60 million yuan in debts due to alleged fraudulent contracts [7][9]. - The contracts in question, signed between 2015 and 2016, total 128 million yuan, but Jiahe Construction asserts that these contracts are fictitious and that they have no business dealings with Deep Blue Environmental [7][14]. - Allegations of financial fraud are raised, with industry experts suggesting that the situation warrants regulatory investigation [7][8]. Group 3: Financial Implications and Responses - Pubang Co. has acknowledged the existence of accounts receivable related to Jiahe Construction, which were reported in their financial statements, raising questions about the legitimacy of the contracts [9][17]. - The company has stated that if fraud is confirmed, it too would be a victim and is currently seeking documentation from its auditors to clarify the situation [8][24]. - Jiahe Construction has reported that it was unaware of the legal proceedings until late 2024, raising concerns about the transparency of the judicial process [9][11]. Group 4: Investigation and Current Status - The whereabouts of Deep Blue Environmental are currently unknown, with attempts to locate the company at its registered address proving unsuccessful [20][22]. - The case has been referred to higher courts for review, and the execution of the debt may be halted pending further investigation [23].