The Supreme People's Court recently unveiled guidance on false litigation prevention and sanctions. The guidance defines false litigation and describes its identifying characteristics. It also stipulates sanctions against false litigators and explains relevant prevention methods.
The guidance consists of 18 parts and features explanation of false litigation, its discovery and identification, and sanction systems. First, it clarifies false litigation elements, making sanctions more specific and pertinent. False litigation has five core elements: evasion of laws, regulations or national policies for unlawful interests; malicious collusion; fact fabrication; inappropriate use of civil procedure; and infringement of national, public or individual rights and benefits. Second, the guidance sums up the characteristics of false litigation and asks for high alert and strict screening of cases carrying one or more characteristics. Third, it asks for precise implementation of relevant regulations during investigation, including increasing ex officio investigations and evidence collection and exploring legal procedures for parties and witnesses to affirm an oath. Fourth, a multi-dimensional punishment system should be established to cover coercive attempts to obstruct civil actions, civil liability for compensation and levels of criminal liability. Fifth, the guidance asks courts at all levels to establish communication with existing information platforms and national credit systems and step up coordination with other departments. Sixth, pertinent punitive measures against court personnel, agents ad litem and accrediting bodies should be available. In addition, the guidance also stipulates rules regarding establishing an alert system and strengthening legal capacity. The guidance now plays an important role in preventing and punishing false litigation, maintaining judicial authority and developing social credit.
The Supreme Court has launched two documents to eliminate false litigation in the real estate industry since 2013. The new guidance aims to comprehensively prevent and punish all false litigation on a zero tolerance basis. It is a product of thorough studies and relevant work experience.
