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According to Article 307 of the Criminal Law: Whoever initiates a civil lawsuit based on fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. where this crime is committed, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment. Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; where other crimes are constituted at the same time, follow the provisions for the heavier punishment at conviction and give a heavier punishment.
Legal basis: Article 307 of the Criminal Law of the People's Republic of China provides that anyone who initiates a civil lawsuit based on fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. where this crime is committed, the sentence is up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment. Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment; where other crimes are constituted at the same time, follow the provisions for the heavier punishment at conviction and give a heavier punishment.
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Yes, the crime of false litigation is Article 307 of the Criminal Law.
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On August 29, 2015, the Ninth Amendment to the Criminal Law officially listed the crime of false litigation as a separate crime. False litigation can constitute a crime.
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No, but if the situation is serious, it may be suspected of fraud.
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Yes. Legal basis: Article 307-1 of the Criminal Law where a civil lawsuit is initiated on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the lawful rights and interests of others, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit shall be fined, and the personnel directly responsible for the main liquid round pipe and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
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Criminal Law Crime of False Litigation "Whoever initiates a civil lawsuit based on fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine. The litigation in the crime of false litigation is limited to civil litigation, and the perpetrator's act of initiating false arbitration with an arbitration institution does not apply to the provisions of this crime. Civil litigation here refers to the complete civil litigation process, including prosecution, filing, opening of the court, trial, trial supervision, enforcement and other procedures.
In addition to filing a false lawsuit with the court, the perpetrator may also use forged judgments, notarial documents, and arbitral awards to apply to the court for compulsory enforcement, which is essentially a kind of destruction of the normal judicial order of the court, and may also infringe upon the legitimate rights and interests of others.
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