Interference with civil litigation
Time:
2022-08-22
Interference with civil litigation refers to the intentional disruption or destruction of the litigation order by participants in the lawsuit and others during the civil litigation process. The illegal acts that obstruct the normal progress of litigation must meet the following conditions to constitute interference with civil litigation:
1. There must be an occurrence of interference with civil litigation (including actions and inactions), which objectively hinders the progress of the lawsuit. Whether in the form of actions or inactions, both are considered acts of interference with civil litigation.
2. The acts must be carried out during the litigation process. Acts carried out before the civil litigation procedure begins or after the litigation procedure ends will not constitute an obstacle to the litigation process. Therefore, they do not belong to acts of interference with civil litigation and should be handled according to other corresponding measures as stipulated by law. However, there are two points that need special attention:
(1) When encountering interference during pre-litigation property preservation, compulsory measures should be taken to eliminate it. This is because pre-litigation property preservation is closely related to the subsequent litigation process and the realization of the judgment.
(2) After the people's court has completed the execution, if the person being executed or others interfere with the executed subject.
Characteristics
First, the compulsory measures for interference with civil litigation are mandatory means stipulated by civil litigation law. Their purpose is to eliminate interference and ensure the smooth progress of civil litigation.
Second, the compulsory measures for interference with civil litigation apply to the entire process of civil litigation, including both the trial stage and the execution stage.
Third, the objects applicable to the compulsory measures for interference with civil litigation are quite broad. They include the parties to the case, litigation agents, and other participants in the litigation, as well as individuals outside the case who interfere with civil litigation, such as bystanders. As long as they engage in acts that disrupt the order of litigation and hinder the normal progress of the lawsuit, the law will take corresponding compulsory measures against them.
Fourth, when applying compulsory measures for interference with civil litigation, depending on the severity of the interference by the actor, it is possible to apply a specific compulsory measure alone or to combine several compulsory measures.
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