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Beijing Times (Reporter Sun Siya) to claims for lost income, this is victims of counterfeit "reduced income proof" and "salary monthly income proof," and Sike seal. The day before yesterday, in accordance with the relevant provisions of the new "Civil Procedure", the City Court of fine of $ 100,chaussure nike tn pas cher,000. This is the hospital since 2012, the new "Civil Procedure Law" after the implementation of the individual out of the highest "ticket."
September 2012, injured in a road accident. She sued the driver Zhou, Zhou employer and insurance company, claims transportation costs 900 yuan, 1,086 yuan for medical expenses, lost income 113,173 yuan. to confirm loss of working time, wages in the first instance submitted proof of income,http://www.eshuye.com/forum.php?mod=viewthread&tid=93932, but failed to provide evidence of reduced income after the injury. Court of First Instance had failed to prove the grounds of reduced income after the injury, did not support the claims of their lost wages, the verdict Jinchang Xia Ping An Insurance Beijing branch compensation 1886 yuan. Jinchang Xia appealed his conviction appeal to the City Court.
In the second instance, Jinchang Xia covered with the unit submitted Xinhua Life Insurance Beijing branch of Human Resources stamp "income reduction proof", "salary monthly income proof," but refused to submit to the court a single payroll bank water, personal income tax payment . Summoned by the court, Xinhua Life Insurance Beijing branch confirmed that the company had not issued the above two prove to ; by the court than the right, the two proof seal on the seal of the company is not a real HR. In the city in court and obtained a bank water payroll slips, personal income tax payment showed injured during the corresponding wages and taxes. In the face of overwhelming evidence, Jinchang Xia admit evidence submitted forged.
The day before yesterday morning, a city Intermediate People's Court announced the grant Jinchang Xia withdraw the appeal, also announced its decision to forge evidence of punishment. The court held that, Jinchang Xia refused to submit evidence against them, and forged evidence in its favor, a serious impediment to the trial court's order and the people, contrary to the principle of good faith in the proceedings, while a violation of the relevant provisions of the Civil Procedure Law, should discipline . Given the huge amount of Jinchang Xia seeks compensation for lost income,nike tn requin pas cher, if the circumstances of serious prejudice to legal action, in accordance with the new "Civil Procedure Law," the provisions of the fine of $ 100,000.
■ judges say
The new "Civil Procedure Law" to improve individual fines
August 31, 2012 announcement and implementation of the "Civil Procedure" of the individual amount of fines has been modified. According to "Civil Procedure" provisions before the amendment, fines for individuals should be less than $ 10,http://bbs.sbooker.com/forum.php?mod=viewthread&tid=305208,000. Revised "Civil Procedure" will this limit is increased to 10 million, it can be said to greatly increase the penalties for individuals.
So the high-limit penalties in serious cases
Presiding Judge Wang Lingfang case said the decision on punishment to achieve the "Civil Procedure" for the maximum amount of individual fines for several reasons: the huge lawsuit plaintiff seeks compensation for the amount; Sike company seal, refused to submit to themselves adverse legal action and forging evidence and other serious prejudice to the trial court's order and the people; contrary to the principle of good faith litigation, adverse nature to deceive the court, violated the relevant provisions of the "Civil Procedure."
Wang Lingfang judge said the punishment for perjury depends on the specific circumstances of the case to be. When the judges verdict, which is a comprehensive consideration of the case by a specific act of falsifying evidence and look at the consequences. For example this case, not only refused to provide the court Jinchang Xia let evidence she offers, but also forged evidence to their advantage, making use of judicial resources the Court to verify this evidence, so the punishment is more severe.
The case does not involve perjury
As to what kind of situation would constitute a criminal offense, Wang Lingfang judge said the court proceedings, met Sike seal and for the case of other litigation or other social activities,tiffany outlet,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, which may be committed "criminal law", then court It will be transferred to the police investigation. And this case, behavior also involves Sike seal behavior, then the unit can also be reported to the public security organs,http://www.xiaodaima.com/thread-831482-1-1.html, as to whether it constitutes a crime, it should according to the specific circumstances may be.
In addition,boutique louboutin paris, Wang Lingfang judge also told reporters that case of falsifying evidence and perjury is a relatively large difference, the main crime of perjury provisions mainly witnesses and expert witnesses. Like Jin Changxia case, even if severe may violate the criminal law, it will not be perjury.
■ statute Links
Participants in the proceedings or any other person any of the following acts, the people's court shall impose a fine based on the circumstances of detention; constitutes a crime, be held criminally responsible  a) forging or destroying important evidence, obstruct people's court case; ( 2) using violence, threats or subordination to prevent a witness from giving testimony,hogan outlet 2015, or instigating,http://bbs.xinyangche.cn/forum.php?mod=viewthread&tid=643238, suborning, or coercing others to commit perjury; (3) concealing, transferring, selling or destroying property that has been seized or detained property, or that have been inventoried and ordered custody of the property, transfer of property that has been frozen; and (iv) the judicial staff to participate in the proceedings,http://211.86.128.2/gjjl/Review.asp?NewsID=595, witnesses, interpreters,http://www.118ssc.com/thread-416376-1-1.html,
Expert witnesses and inspection personnel who assist in the implementation of the people, insulting, slandering,http://bbs.chinanurse.cn/forum.php?mod=viewthread&tid=628723, framing, beating or retaliation; and (5) using violence, threats or other means to hinder judicial officers to perform their duties; (vi) the failure to fulfill the people's court has legally effective judgment or order.
- "Civil Procedure Law" Article 111
(Original title: falsifying evidence claims 110,000 women were fined 100,000 court)
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發表於 2015-7-1 02:39:02
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