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【北京青年报】2017年至今 北京市检察机关提抗诉案件124件

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Article Source | Beijing Youth Daily

The reporter was informed at the briefing on the civil litigation supervision held by the Beijing Municipal Procuratorate on the morning of July 8. From 2017 to 2019, the Beijing procuratorate filed 124 protests, and filed 8 protests from the high procuratorate, and issued retrial recommendations. 59 pieces, 202 inspection recommendations. Investigation and punishment of false litigation has become one of the key tasks of civil litigation supervision.

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The main methods of civil litigation supervision: protest, prosecutorial advice

When the procuratorial organ exercises the civil litigation supervision function, it shall accept the parties' application for supervision of the civil effective judgment, ruling, and mediation, and the supervision of the trial procedures and enforcement activities of the people's court. After examination, the procuratorial organ may initiate a protest, issue a procuratorial suggestion, and so on.

Huang Baoyue, deputy procurator-general of the Beijing Procuratorate, introduced that from 2017 to June this year, the Beijing procuratorial organs accepted 4,851 cases of civil litigation supervision, and concluded 4,659 cases, with a settlement rate of 96%, of which 124 were filed for protest and brought to the High Court for protests. For the case, 59 re-inspection recommendations and 202 prosecution recommendations were issued.

Huang Baoyue introduced that the number of cases in which civil prosecutions received by Beijing procuratorial organs have increased year by year, and the types of cases accepted are more diversified. Contract dispute cases, labor dispute cases, and property rights disputes account for a relatively high proportion.

Investigating and handling false litigation into one of three key tasks

It is understood that Beijing procuratorial organs fulfill their civil litigation supervision duties to investigate and deal with false litigation, civil execution supervision of non-moving property delivery and non-litigation enforcement supervision. Among them, civil false litigation refers to the actor unilaterally or maliciously colluding with others, taking false evidence, false statements and other means, fabricating civil legal relations, fictitious civil disputes, filing civil suits with the people's courts, through litigation, arbitration, mediation, etc. Acts that disrupt the judicial order and obtain illegal interests.

xx在处理民事诉讼监督案件时,检察院重点深入调查虚假诉讼案件中的线索,如民事借贷纠纷,拆迁范围内的离婚纠纷,家庭离职纠纷,“路径贷款”刑事案件。 “在与邪恶的特殊斗争中。

在房屋销售纠纷案中,康和郎签署了二手房买卖协议。在康收到押金后,由于房价上涨,郎某想回去取消合同。在双方未能通过谈判后,康某向法院提起上诉,法院下令继续履行合同。然而,当康某向法院申请执行转让房屋时,他发现以郎为名的房子在他的私人贷款案件中被扣押并保存,并且无法执行。

在康某向检察机关报告情况后,检察机关通过调查发现,郎某和付某的“借款”发生在房屋出售纠纷之后,均为经常转移。此外,双方在审判中没有相互对抗。傅在诉讼开始时也申请了财产保全。

最后,Fu和Lang因涉嫌虚假诉讼被迫采取行动。

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