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Fake layer attended courtdenied responsibility court: fined 50,000 yuan for obstruction of civil procedure
[2021-02-04]

    

Recently, Songjiang District People's Court of Shanghai dealt with a "litigation farce". Fu Mou, who pretended to be a lawyer to attend court and remained unrepentant, was fined 50,000 yuan for obstruction of civil procedure. His application for reconsideration was rejected and the original judgment was affirmed by Shanghai No .1 Intermediate People's Court. A few days ago, Fu Mou paid the fine of 50,000 yuan to the court. 

 

[Case Review]

In early July 2020, lawyer Shen Mou, the plaintiff Feng's agent ad litem in a case of dispute over house sale contract filed against Wang Mou, appeared in court for evidence exchange. Later, the court subpoenaed the parties to attend the trial. However, it's neither the plaintiff himself nor his lawyer Shen Mou, but Fu Mou, appeared on that day. Fu Mou told the judge that he was also Feng's agent ad litem and the colleague of Shen Mou. He submitted the "power of attorney" signed by Feng and brazenly added his name to the letter of the law firm previously submitted by Shen Mou to the court.   

The judge immediately asked Fu Mou to show his lawyer qualification certificate but Fu said he forgot to bring it. How can a lawyer forget to bring the most important identity certificate? The judge then looked up the roster of lawyers in Shanghai but didn't found Fu Mou's name.

Immediately the lie was seen through, Fu Mou said that he was not a lawyer nor told the judge that he was a lawyer. Besides, he refused to issue a statement of repentance and evaded court summons by rejecting calls and subpoenas.

After investigation, Feng Mou, the plaintiff in this case, was introduced by his friend to Fu Mou. Knowing nothing about the qualification of agent ad litem, Feng signed a "power of attorney" with the alleged resourceful Fu Mou. As Fu has no lawyer qualification certificate, he asked his friend, lawyer Shen Mou, to attend the trial. On that day, as Shen Mou had to attend the court session of another case, Fu Mou had no choice but impersonated a lawyer to appear in court.

 

[Case Study]
Songjiang District People's Court of Shanghai held that the qualification of agents ad litem in civil proceedings is explicitly stipulated by relevant laws and judicial interpretations. It's the duty of the court to examine the identity of the parties and their agents ad litem, who, on the other hand, have the obligation of iudicium bonae fidei and truthful statement. As Fu Mou impersonated a lawyer to attend the trial, made false statement upon the judge's examination, refused to issue a statement of repentance and evaded court summons after his fake identity was seen through, which obstructed the people's court to hear the case and constituted an act of obstructing civil proceedings that seriously violated the principle of good faith in civil procedure, he was fined 50,000 yuan according to law.

At the same time, as the plaintiff Feng Mou and his agent ad litem didn't appear in court without proper reasons on that day, the case was withdrawn by the court according to law.

 

[Relevant Laws]

<!--[if !supportLists]-->I. <!--[endif]-->Civil Procedure Law of the People's Republic of China

Article 58 A party or a legal representative may retain one or two persons as litigation representatives.

The following persons may serve as a litigation representative:

<!--[if !supportLists]-->(1) <!--[endif]-->A lawyer or legal service worker at the basic level.

<!--[if !supportLists]-->(2) <!--[endif]-->A close relative or staff member of a party.

<!--[if !supportLists]-->(3) <!--[endif]--> A citizen recommended by the community of or the entity employing a party or recommended by a relevant social group.

Article 110 Litigation participants and other persons shall abide by court rules.

A people's court may admonish persons who violate court rules, order such persons to leave the court, or impose a fine or detention on such persons.

For persons who clamor in a courtroom, attack a courtroom, or insult, defame, threaten or assault judges, seriously disrupting the order of the courtroom, the people's court shall investigate their criminal liability in accordance with law; or if the circumstances are not serious, impose a fine or detention on them.

Article 115 The amount of a fine on an individual shall not be more than 100,000 yuan. The amount of a fine on an entity shall not be less than 50,000 yuan but not be more than 1 million yuan. 

...

Article 116 A summons by force, a fine or detention must subject to the approval of the president of a people's court.

...

A written decision shall be made to impose a fine or detention. Against such a decision, a party may apply to the people's court at the next higher level for reconsideration once. The enforcement of the decision shall not be suspended during the period of reconsideration.

<!--[if !supportLists]-->II. <!--[endif]-->Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Article 176 Where any litigant participant or other person has any of the following acts, a people's court may handle it in accordance with the provision of Article 110 of the Civil Procedure Law:

<!--[if !supportLists]-->(1) <!--[endif]-->Unauthorized audio, video, and photograph recording;

<!--[if !supportLists]-->(2) <!--[endif]-->on-site dissemination of trial activities by mobile communications and other means without permission; and

<!--[if !supportLists]-->(3) <!--[endif]-->other activities disturbing the court order and obstructing judicial activities.

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(Author: Yang Cheng, Songjiang District People's Court of Shanghai)

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