Basic Facts of the Case
From 2018 to 2021, Zhao Moumou, the owner of the vessel “Zhedaiyu X”, during the operation of the crab fishing vessel, owed his partner Zhou Moumou 150,000 yuan for fishing supplies and owed his partners Bao Moumou and his wife 160,000 yuan for fishing supplies. As Zhao Moumou was unable to repay the debts, the “Zhedaiyu X” was lawfully seized and auctioned by the Ningbo Maritime Court.
In December 2021, in order to seek priority in repayment, Zhou Moumou and Bao Moumou, after discussing with Zhao Moumou, each forged an IOU for crew wages equivalent to the amount of the outstanding payments for goods.
On January 10, 2022, Zhou Moumou and Bao Moumou, under the names of Huang Moumou and Lu Moumou respectively, filed civil lawsuits with the Ningbo Maritime Court, demanding that Zhao Moumou pay the corresponding crew wages to Huang Moumou and Lu Moumou, and claiming a maritime lien on the “Zhedaiyu X” for the aforementioned claims.
On January 27, 2022, Zhao Moumou reached settlement agreements with Huang Moumou and Lu Moumou, confirming both the crew wages for Huang Moumou and Lu Moumou and the maritime liens. On the same day, the Ningbo Maritime Court issued civil mediation documents. After the auction of the “Zhedaiyu X”, the Ningbo Maritime Court received an “Application for Review of False Litigation” submitted by the mortgagee of the “Zhedaiyu X”, requesting a review of the crew wages involved with the “Zhedaiyu X” and the termination of the distribution of the auction proceeds of the vessel.
In March 2023, the Ningbo Maritime Court investigated the authenticity of the crew wages subject to the maritime lien on the “Zhedaiyu X”. Upon verification, it was found that in the series of cases involving crew employment contract disputes between crew members such as Huang Moumou, Lu Moumou, and Zhao Moumou, Zhao Moumou and others had fabricated crew wages subject to maritime lien, seriously infringing upon the lawful rights and interests of other relevant right holders.
Disposition Result
In May 2023, the Ningbo Maritime Court lawfully decided to fine Huang Moumou and Lu Moumou 50,000 yuan each and impose seven days of judicial detention for their false litigation acts, and to fine the shipowner Zhao Moumou 100,000 yuan and impose fifteen days of judicial detention for his false litigation acts. Materials related to the clues that the three涉嫌 (suspected) constituting the crime of false litigation were transferred to the public security organs.
On December 26, 2023, the Daishan Court issued a criminal judgment, sentencing Zhao Moumou to eight months imprisonment and a fine of 100,000 yuan for the crime of false litigation; and sentencing Zhou Moumou and Bao Moumou to six months imprisonment each, suspended for one year, and a fine of 100,000 yuan each for the crime of false litigation. None of the three appealed.
Typical Significance
The priority of maritime liens in repayment, on one hand, tilts care towards groups that need special protection and are in a relatively disadvantaged position, such as crew members with high work intensity and high risks, but on the other hand, also provides opportunities for不法分子 (unlawful elements).
Once unlawful elements confirm the priority of their claims through litigation, they gain a positional advantage over mortgagees and general creditors when distributing funds for repayment, harming the rights and interests of mortgagees and general creditors.
In the past three years, the Ningbo Maritime Court has investigated and dealt with 49 cases of false litigation, 38 of which involved false litigation concerning crew wages, effectively combating and deterring such false litigation acts.
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