We cannot help the weak.

The lawyer helped the civil industry to raise wages, but was suspected of a false litigation case, I have been paying attention, my friend called me to comment, and there has been no appropriate time. Today, Zhang New Year lawyer revealed, "After the Supreme Court, the comrades of the High People's Court of Shandong Province sacrificed the weekend rest time, led by the Dean Homing, several staff members of the High Court came to the High Court of Shandong District early in the morning, to study the problem of the existence of the case of the lawyer. "This case, according to the lawyer's reasonable efforts, and through the media fermentation, finally stunned the Supreme Court. It seems that this case can be handled fair and fair.

The New Year's Lawyer's Contents

In 2017, Taizhou City and Rural Development Co., Ltd. contracted the project to Taizhou City and Rural Development Co., Ltd., Taizhou City and Rural Development Co., Ltd. transferred the project to Zhao, a non-construction qualified Zhao. After that, Zhao subcontracted part of the project to Zhao, Zhao subcontracted part of the project to Zhao, Zhao hired farmers for construction. In July 2018, the project was completed. Because Zhao was unable to pay the project funds and was involved in other cases, Zhao, Zhao organized several farmers to Taizhou Construction Co., Ltd. to clear the debt.

A. Defending the opinions of both parties

The public prosecution organ accused that in October 2019, the defendant Cao Zhuang, Mi Mou, and Chen Mou conspired to fake the fact that 75 peasant workers were not paid for labor fees after taking over labor from Chen somewhere, and their actions constituted a false litigation crime.

In the first trial on November 12, 2023, the public prosecutor's office suggested that Miyu and Chen were suspended for less than three years and less than seven years.Miyu and Chen insisted that the case was not guilty, and had no prior knowledge, Miyu and Chen did not understand the law, because of fear of liability.

The alleged false litigation criminal case was opened for the third time on the morning of April 18th this year in the Shandong Tiananmen District Court. In the trial, the defendant denied the accusation of false litigation, and his representative lawyer also defended her for her innocence. The focus of the defendant's concern is on the one hand whether the contractor had been informed in advance that the worker had already paid for the labor fee of the peasant; on the other hand, the nature of the case is a criminal crime of false litigation.

In this trial, the defense lawyer Zhang New Year questioned the court did not notify the trial three days in advance, the judge chief then arranged the law police to take Zhang New Year lawyer away from the court. Another defense lawyer Liu Liu then applied for the judge chief to avoid, the judge chief in the court rejected the application.

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2 What is a False Crime

A false lawsuit crime refers to the act of initiating a civil lawsuit on the basis of false facts, obstructing the judicial order or seriously infringing on the legitimate rights and interests of others.

The objective aspect of the crime of false litigation is to initiate a civil lawsuit with false facts, interfere with the judicial order or seriously infringe on the legitimate rights and interests of others. False facts must be "non-native" acts, refers to the perpetrator false legal relationship or facts that do not exist.

False lawsuits seriously undermine justice and judicial order and harm the legitimate rights and interests of others. The law punishes false lawsuits to safeguard the fairness and authority of justice.

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3 Is the behavior of a high-profile lawyer a false lawsuit crime?

Whether the behavior of the lawyer constitutes a false litigation crime must be analyzed on the basis of detailed case facts and evidence. I did not see the volume material and could not do an accurate analysis, but can provide two perspectives for the case authority to refer.

(a) To see from the perspective of the contract workers whether the labor fees of the peasant workers have been legally settled

Here is a translation of the voice of a contractor head who best understands the insides of the project, who angrily says "who supports false lawsuits hurry me to shut up"!

The contract signed by the contractor and the subcontractor is only a labor contract, not eligible to sign the project subcontract!
the subcontractor is indebted to the labor fee, not the project fee!
the subcontractor and the subcontractor must provide the salary list and hiring contract when settling, and the subcontractor can only place the labor fee separately on the bank card of the peasant worker!
the subcontractor can only pay the labor fee in the form of wages!
the subcontractor can pay the labor fee on his own in the case of the subcontractor without paying the labor fee, it is a conscientious behavior.

Therefore, from the perspective of the contractor, the subcontractor does not pay labor fees, the labor fees of the peasant worker are not legally compensated. Only the contractor works out of conscience, does not want to defraud the brothers and sisters of the peasant worker, or out of fear, with a group of peasant worker continue to seek labor fees may be suspected of malicious remuneration, provocation, so only to pay for the labor costs of the peasant worker first. After the remuneration, of course, obtain the right to claim compensation, he to the court to submit a civil lawsuit, reasonable and legal. Although in the name of the peasant worker the lawsuit is a bit inappropriate, but the fact of the debt of salary objectively exists, why is

If the contractor's head does not constitute a false lawsuit, the lawyer who helped the contractor's head agency the lawsuit of course does not constitute a false lawsuit crime.

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(ii) To start from the simple view of justice, do not let the wage-dependent off the law, and let the wage-seekers and help wage-seekers be blamed.

The contractor's head undeniably asked, if therefore the high lawyer was sentenced to a false lawsuit crime, the subcontractor would not have to pay labor charges, can the labor charges be swallowed correctly?

Many people are concerned about how the court answers the question. Wang Liang lawyers came from Beijing to the Shandong Tian Yuan district court preparing to listen to the third trial of the Qingxian case. Unfortunately, the local court's "open trial" method is repulsive, sending people to "occupy the pit", leaving only 4 places for family members. And there is no place to comment, "Don't look at me as an old lawyer, don't get in to listen, and negotiate with the court is not effective."

In fact, discussing whether the behavior of a high-profile lawyer constitutes a crime does not require hard legal knowledge, only common sense and intellect is enough.

Non-legal persons understand that since the law clearly stipulates that the wages of the peasant worker can not be given to the contracting head, but only directly to the peasant worker. Then the contracting head of the peasant worker's wages, after the prosecution in the name of the peasant worker, what is the problem?

A netizen's article, "Women lawyers for peasant workers' salaries are arrested, wage wages are celebrated, righteous people's loneliness" questioned: "She should not be accused for peasant workers, should the contractor be accused by the name of the contractor?

If the high lawyer is sentenced, I am afraid that there will not be justice people willing to stand up for the peasant workers to speak out, after all, the good heart has no good news, it will really make people cold!

People should have truth and the law should have temperature.Today I want to shout out for a high-profile lawyer who helps farmers get their wages:

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Don’t let the weak help be blamed!