Folk Lending False Case Analysis

Along with the economic development and social progress, Folk lending of false caseoccurred frequently, which has become the most common false lawsuit and one of the mostserious type of harm. It has the general characteristics of the false lawsuits, the complexity ofthe subject, the hidden nature of the behavior, illegal purpose, the composite nature of theobject of violations. In addition, still has the following special feature of practice:First, thevery special relationship between the actors; Second, the behavior of strong concealment,generally difficult to find; Third, the legal relationship is simple, the evidence of a single;Fourth; Between the perpetrator is easy to tie, easy operation and a high successrate.According to the essential attribute of private lending false lawsuit,Establish effectiverecognition mechanism, Analysis of the cause of the problem, Correct use of the existing legalsystem to prevent and punish this kind of behavior is the judicial practice at present to thiskind of case work focus.so, This paper mainly through the combined with real cases,According to the folk lending false action constitutive requirements, behavior characteristics,the cause of frequent, And the judiciary how to use existing laws and regulations to deal withsuch problems, several issues are discussed.This paper mainly by combining real cases, identified from the constitution, behaviorcharacteristic two aspects to analyze borrowing false litigation, And the judicial organ to inaccordance with the existing civil, criminal laws and regulations to deal with this problem.This research method mainly uses value analysis and empirical analysis, through thecollection of relevant literature, summarized the existing views and In view of the existingresearch results and the relative deficiency combined with the real case to conduct acomprehensive analysis of the existing legal norms. finally put forward the conclusion of thispaper, Borrowing false litigation can regulate use of existing civil, criminal legal norm, alsoshall establish and perfect the system of compensation and the false lawsuit blamingmechanism.In this paper, combined with case analysis draws the following conclusion aboutborrowing false litigation problems, Folk loan fraud litigation elements from subjective to objective behavior illegal profit, is false prosecution, behavior means double fudge the factsand evidence, violated object; Behavior characteristics from the main special relationship,behavior of concealment, jurisdiction, procedure by using abnormal four. In such cases if notinvolved in crime can be based on the existing civil legal norms of behavior of fine people,detention shall be established if necessary tort compensation system; If the behavior of peoplein the false litigation also meets the constitutive elements of crime should be to determine thespecific application according to its behavior. The behavior such as no criminal chargescorresponding punishment should add false lawsuit to perfect the system of criminalinvestigation on this issue.