Can it be chased back for more than 1,500 million yuan for false lawsuits?

"The case is already bright, I didn't expect it to be so difficult. False litigation is really harmful. Fortunately, there are you ..." After more than two years, after the first trial, second trial, and retrial, on June 16 this year, 15.89 million yuan was executed. Finally was successfully recovered. Counting the taste, Yao Yunlong, who has been engaged in legal work for many years, told the prosecutor of the case handling of the Xiangtan City Procuratorate in Hunan Province.

Yao Yunlong is the Minister of Legal Affairs of Shandong Yellow River Engineering Group Co., Ltd. (hereinafter referred to as "Shandong Yellow River Company"). Two years ago, his company was "calculated" and fell into a civil dispute. The company suffered a defeat in previous lawsuits, and was eventually executed by the court more than 1,500 million yuan. Seeing that the state -owned property and the company faced a huge loss, Yao Yunlong asked for help from Xiangtan City Procuratorate.

After the suspicion of the case of the case of the Xiangtan City Procuratorate, he joined forces with the public security organs to fixed key evidence, and finally let the false lawsuit appear. The criminals have obtained the due legal sanctions, and the state -owned property that has been embezzled was successfully recovered.

Allow others to hang up the company

Hidden risk hazard was buried

One day in October 2020, Yao Yunlong brought a large number of cases to the Xiangtan Procuratorate and reported to the prosecutor of the civil prosecutor of the hospital: "My company was involved in a civil lawsuit. Occupied the fact that our company owed its payment and forged evidence. The court implemented more than 1,500 million yuan in the company, causing the state -owned property to be lost in vain. I hope that the procuratorial organs can supervise it. This is our last hope. "

The Shandong Yellow River, which is involved in the lawsuit, is a large state -owned enterprise with a variety of qualifications of the construction industry and the business scope is all over the country. However, with the rapid expansion of the business, the problem of irregular management has also been exposed, resulting in the "heart -interested person" drilling.

The prosecutor found that this civil lawsuit related to Shandong Huanghe Company began in a construction dispute caused by construction projects caused by the suspension.

In November 2013, the Bridge Bridge Construction Project of Anhua County, Hunan Province began bidding. Xia, the controlling shareholder and chairman of Xiangtan City, Xia, Xia, a wide range of social activities, has the ability to win the project, but suffer from no construction qualifications. As a result, Xia Mou hung the company under the name of Shandong Yellow River company for 2%of the project management fee, and finally successfully won the large -pier bridge construction project with a total bid with a total bid of more than 55 million yuan. On December 26 of the same year, the Shandong Yellow River Company, which was contracting as the contractor, signed a target responsibility with the construction party Liu, established the Anhua Daqiao Bridge project manager headed by Liu, and established dual control. Account. As the owner's unit Anhua County Bridge Construction and Development Co., Ltd. (hereinafter referred to as the "Big Wharf Company") project startup payment is in place, Liu organized workers to enter the construction, and more than 700,000 yuan of project management fees have successfully entered Shandong Huanghe Company. Everything has been steadily promoted as planned.

However, after two years of progress, the change happened. In June 2016, when the number of engineering volume was completed, Xia and Liu asked the owner unit to compensate more than 35.69 million yuan on the grounds of project loss. After being rejected, in July of the same year, Xia and Liu stopped working without authorization. The people are looking forward to opening the traffic early, and the government has to find the contract Fang Shandong Yellow River to solve the problem. Shandong Huanghe Company entered the venue in August 2016, dissolved Liu's project manager department, and spent about 10 million yuan to clean up the salary, material business and goods left by the personnel left by Xia and Liu, who had stopped working without authorization, The reorganization project department continued to build, until April 2017 completed the construction of the bridge.

Debield company descended from the sky

Corrected to pay huge amounts of payment

At this time, the Shandong Huanghe Company couldn't think of it. Although the bridge construction project was successfully accepted, the troubles followed.

In December 2018, the actual controller of Xiangtan Xianglong Trading Co., Ltd. (a pseudonym, hereinafter referred to as "Xianglong Company") was signed with Liu's purchase and sale contract for the construction of the steel used in the bridge and did not settle the money. Shandong Yellow River Company sued the court.

Xianglong Company sued that on March 28, 2014, it signed a steel purchase and sales contract with Party A and Party B's Shandong Yellow River Company Anhua Bridge Project Department. The contract stipulates that Party A provides a steel with a total of about 4,000 tons of steel, and the unit price is fixed to 3800 yuan/ton, and the total amount of the contract is about 15.2 million yuan. Party B authorized Liu to be responsible for the reception, acceptance, and signing of the steel. The contract also agreed to the situation of receiving, acceptance, payment, interest, and interest. The landing office stamped the official seal of the Anhua Bridge project manager of the Shandong Yellow River Company, and Liu signed the name as an authorized representative. Xianglong Company stated that from September to November 2015, it provided 2117.05 tons of steel to Shandong Yellow River Company's Anhua Bridge Project Manager in accordance with the contract, all signed by Liu. On December 7, 2015, Liu and settled with it and confirmed the number of tons and general goods for steel settlement. However, since its supply of steel in September 2015, Shandong Yellow River Company and its project managers have not paid the payment in accordance with the contract. Although it has been urged many times, Shandong Yellow River Company and its project manager department have not paid the payment.

After being sued by Xianglong Company, Yao Yunlong, the Minister of Legal Affairs of Shandong Yellow River Company, collected a lot of evidence and replied in court that Shandong Yellow River Company never signed a steel purchase and sales contract with the plaintiff Xianglong Company, and never purchased The steel claimed by the plaintiff, and the number of steel claimed by Xianglong Company does not match the number of steels actually used in the project manager department. At the same time, Liu's behavior of signing a contract does not constitute an agent or an agent. The plaintiff fabricated the facts, and its claims could not be established, requesting the court to reject all the claims of the plaintiff. On June 3, 2019, the court made a first trial judgment that the steel purchase and sales contract signed by the two parties did not violate the compulsory provisions of the law, and it was legally effective. As the establishment of the project manager department and the supervisor of the project manager, Shandong Yellow River shall assume corresponding civil liability according to law. As the authorized person, Liu signed and recognized and settled the performance of Xianglong Company. Shandong Yellow River should pay the payment in accordance with the period and amount agreed in the contract. As for whether the number of steel used by the steel and the project manager is consistent, whether the steel is used for the large -pier bridge construction project, it is another legal relationship between Shandong Yellow River Company and Liu and its project manager department. For contract obligations, Shandong Yellow River company can claim rights to Liu or the project manager department through other channels. The court of first instance supported all the demands of Xianglong Company.

Shandong Yellow River Company did not accept the first trial judgment. The 66 part of the sale signed by Liu Mou was the main body of the Steel and Steel supply and marketing contract with Xianglong Company's malicious stringing and forgery of Xianglong Company. For the reason to appeal to the Xiangtan Intermediate Court.

The Xiangtan Intermediate Court held that Shandong Yellow River Company was the formor and supervisor of the project manager department. Liu signed a contract and signed the goods to perform his duties. Essence For the unpaid steels delivered by Xianglong Company proposed by Shandong Huanghe Company, and the sales outlets, Liu Mou and Xianglong Company maliciously colluded with forgery and forgery in order to invade state -owned property. The behavior of signing on the post is a job, and the consequences belong to Shandong Yellow River Company. At the same time, Shandong Yellow River Company has no evidence to prove that the evidence of the case is false. As for the source of steel, delivery, use, and whether the steel is used for the construction of the bridge is not the obligation that Xianglong should pay attention to. Xianglong Company was delivered in accordance with the requirements of the project manager department, and all signed a certificate. The contract performance was completed. On September 5, 2019, the court of second instance decided to dismiss the appeal and maintain the original sentence.

Shandong Huanghe Company did not accept the second trial judgment. The case of the case faked the Hunan Higher Court on the grounds of false falsification and was rejected.

On October 30, 2019, the Court of Yuhu District of Xiangtan City implemented more than 8 million yuan from Shandong Huanghe Company as steel payment, and then implemented more than 5.7 million yuan as interest, which was transferred to Xianglong Company's account. Litigation costs and execution fees, Shandong Yellow River Company lost a total of more than 1,500 million yuan.

Sword refers to false lawsuits

Criminals jointly fixed key evidence

Prosecutor handling cases is studying the case

After the ins and outs of the matter were initially clarified, on October 14, 2020, the Xiangtan Procuratorate accepted the supervision application of Shandong Yellow River Company in accordance with the law and established a special case handling team. After a careful comparison and screening of the evidence of the case, the case handling team discovered the obvious doubts: Xianglong Company advocated the transportation of 217.05 tons of steel to the project manager department within three months, and the audit results showed that the total steel used in the entire bridge was 2052.76 tons. This also includes the steel of other companies. Moreover, the three -month steel usage is less than 2,000 tons, and the data advocated by Xianglong Company must be fictional; The contract stipulates that the price of all steel is fixed and higher than that of the market price at that time, and the contract signing time is 18 months apart from the supply time. Common sense and trading habits. Xianglong itself does not produce steel. In order to find key evidence, the case handling team decided to start with the upstream suppliers claimed by Xianglong Company to conduct investigation and verification.

After investigation, the case of the case found that among the three upstream suppliers of Xianglong Company, two have never traded with them from September to November 2015, and the other does not produce the work of the work that Xianglong Company claimed. Steel and work steel do not need to be used in the construction of the bridge. In order to further consolidate the evidence, the case handling team also investigated the delivery records, transportation settlement vouchers and notifications agreed in the contract to the project manager department, and the quality certificate of the steel agreed in the contract. Essence In addition, all witnesses provided by Xianglong Company are vaguely, and even contradictory. The case handling team also learned that after receiving all execution funds at the end of 2019, Xianglong Company canceled the industrial and commercial registration in May of the following year.

All these unreasonable situations point to false lawsuits. On December 15, 2020, Xiangtan Procuratorate transferred clues to public security organs for suspected false lawsuits. On February 19, 2021, the public security organs decided to investigate the case. Based on the early investigation and verification of the procuratorial organs, the public security organs quickly verified and fixed the corresponding evidence. On March 29, 2021, the public security organs were criminally detained on the primary criminal suspect Liu, and then Shen and Xia were successively detained. In the face of the facts and evidence of the iron, Liu and Shen quickly confessed, and the truth was finally white.

It turned out that Xia and Shen had known each other for a long time. The two had long -have had steel purchase and sales business, and the payment had been settled. However, in order to pursue illegal interests, Xia and Liu made a conspiracy to make a malicious collusion with Shen, intending to dig the "wall" of state -owned companies.

In June 2017, after Xiamou discussed with Shen, fabricated Xianglong Company and Shandong Yellow River Company existing 217.05 tons of steel and debt relationships with 2117.05 tons of steel. Xia Mou also instructed others to make fake steel. After the pounding order, it was instructed to forge the materials for the purchase and sales of steel, the sales list, and the settlement order, and signed by Liu and the official seal of the Shenlong Company of the Shenlong company as a civil lawsuit as an evidence material. Xia Mou also arranged for the warehouse custodian and the false certification materials of the accounting writing and appeared in court to make a false statement, proving that Liu received 2117.05 tons of steel sold by Xianglong Company on behalf of Shandong Huanghe Company on behalf of Shandong Huanghe Company and did not pay the payment.

Talk with facts and evidence

Punish false lawsuits in accordance with the law

After the first trial, the second trial, and the retrial, Xia and others thought that the victory coupon was holding, and the bag was settled. Unexpectedly, the false lawsuits that they carefully prepared were presented under the supervision of the procuratorial organs, and eventually could not escape the sanctions of the law.

On December 27, 2021, the Yuhu District Procuratorate filed a public prosecution to the court for suspected false lawsuits. On June 2 this year, the court sentenced the major defendants such as Xia, Liu, and Shen to commit false lawsuits, sentenced to corresponding punishment and corresponding fines; ordered Xiamou to refund the victim Shandong Huanghe Company to lose more than 12.69 million yuan, ordered Shen to order Shenmoumou More than 3.19 million yuan. On June 16, all the compensation of 15.89 million yuan was retreated to the account of Shandong Huanghe Company.

It is understood that in the civil litigation supervision cases handled in the Xiangtan City Procuratorate in recent years, the case is the most complicated and the case handling process is the most ups and downs. In November 2021, Xiamou's relatives repeatedly reported that the prosecutor handling the case of the case "manually created unjust and false cases, intervene in civil disputes with criminal means" in an attempt to affect the progress of the case and hinder the supervision process. However, the case handler is unmoved, adheres to the bottom line of integrity, and speaks all the facts and evidence. Under the leadership of the Political and Legal Committee of the Xiangtan Municipal Party Committee, the supervision is strengthened in accordance with the law, and the case handling work has been inspected by the law. Xia Mou also transformed from the zero confession of the investigation phase of the public security organs to all confession, confession and punishment, and refunding the stolen by the procuratorial organs in the procuratorial organs. Apologize for a gift.

"Through the supervision of the case in accordance with the law of the Xiangtan City Procuratorate, the grievances of Shandong Yellow River Company were washed, so that the company saw hope and made us more confident in the business environment of the rule of law." Yao Yunlong said.

The reporter learned that with the end of the criminal judgment of the case, civil supervision has made progress. On July 14, the Procuratorate of Xiangtan City held a meeting of the Prosecutor's Committee and issued retrial procuratorial suggestions to the court.

Concder the hard work to overcome difficult punishment for false lawsuits

Director of the Sixth Procuratorate of Xiangtan City Procuratorate, Hunan Province

Zhang Jiajun

False litigation not only seriously infringes the legitimate rights and interests of the parties and outsiders, but also disrupts the normal order of lawsuits, damages judicial authority and judicial credibility, and destroys social integrity.

As a state's legal supervision organs, the people's reflection of strong false lawsuits, the procuratorial organs should take the initiative to take the initiative to discover, supervise and punish their duties, be good at performing their duties, and dare to show their swords. However, in the process of handling the case, it is not easy to identify false lawsuits and rely on evidence and facts to unveil the false lawsuit. In the process of handling this case, we encountered unprecedented obstacles, on the one hand, from obstacles from the case itself. Xia Mou knows the legal regulations and the habit of judicial trial. At the beginning of the Shandong Yellow River Company, he had made a good preparation for false lawsuits. Therefore The selection of people, etc., can be described as concerned and "digging" everywhere. At the same time, Xia Mou also produced a set of more closed evidence chains, allowing false lawsuits to be carried out in accordance with the preset procedures; on the other hand, it came from outside the case. When handling this case, the development of the political and legal team education and the optimization business environment, Xiamou took the opportunity to instruct his relatives to put pressure on the cases of the case by reporting, letters and visits, etc., trying to hinder the further investigation and investigation and investigation of the case in this case. Supervise.

In order to cope with these difficulties, we have formulated a detailed investigation outline of the detailed investigation by carefully comparing and excavating all the evidence submitted by Xianglong Company, and determined that "the facts were found to be punished by punishment, guiding the investigation of criminals to advance together, The idea and strategy of handling the case in the results of the supervision and the public ", and relying on the" Opinions on Strengthening the Investigation and Investigation and Investigation of Fake Fake Litigation and Criminal Investigation and Cooperation "jointly issued by the Xiangtan Public Security Bureau From the "Breakthrough of Single Soldiers" to "Joint Breakout", it has formed a combination of blows and punishment for false lawsuits. At the same time, the province's third -level procuratorate closely cooperated and determined that the criminal filed supervision, guiding investigation and obtaining prosecution, etc. in the case of the case of criminal cases in this case in accordance with the idea of ​​"small division of labor and large union" was mainly responsible for the Yuhu District Procuratorate. In the Xiangtan Procuratorate, the municipal institute is responsible for communicating and coordinating and focusing on analysis and judgment. Essence It can be said that internal and external union and internal linkage are the key to the successful handling of this case. In response to the external force interference encountered by the case -handling personnel, we are closely relying on the leaders of the party committee and the political and legal committee. On the one hand, we actively strive for multi -party support and establish the thinking of "a plate of chess"; on the other hand, strengthen precision supervision and investigation and verification With a serious and solid work, I have adopted the test and test from all parties, and finally effectively safeguarded the legitimate rights and interests of the victim state -owned enterprise, so that all the state -owned property of more than 1,500 million yuan was recovered, and the organic, legal effects, and social effects were truly recovered. Unite.

The most profound revelation of this case is to be honest and self -discipline, especially when applying for major difficult and complicated cases, testing not only the legal professional literacy of the case personnel, but also the political discipline and integrity and self -discipline style of the case handling staff. The more important and influential cases, the more you need to maintain a high degree of vigilance and integrity. In the process of handling this case, the case handler handles all matters in strict accordance with the legal procedures, and consciously regards strict work discipline and political rules as a guide to supervising the case -handling action. Responsible.

(Source: Procuratorial Daily Author: Zhang Yinfeng Yi Super Qun Zhao Caiyan)

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