The Recognition And Relief Of Fraud Litigation In Folk Loan

Recently, the private financial market rises suddenly as a new force. However, what hides behind is the fraud litigation, which uses folk loan as its camouflage, and is of great harm and increasing continuously. The new characteristics of folk loan make the phenomenon more subtle, more destructive, and poison deeper on the judicial authority and the credibility of the court. One is that the private lenders are diversified and complicated. Fraud litigation,showing a trend of trans-regional, begins to exploit the flaw of court’s information platform to avoid its supervision and harm the third party. Secondly, due to the problem of qualitative,fact finding and legal application, the recognition of fraud litigation in folk loan is obscured;thirdly, as we can see, the criminal law for civil false punishment is still in the stage of preliminary legislation, our current adversary litigation pattern is lack of effective review on self-admission, along with the concept of giving priority to mediation in trial management and the lack of social credit, all these aggravate the breeding and abuse of the fraud litigation in folk loan.This paper mainly by combining real cases, identify the borrowing false litigation starting with its characteristics and identification point. Moreover, the paper highlights the study of fraud litigation’s structural model in this case, and then dialysis its constitutive requirements and the substantive hypocrisy of the suit’s elements, thus practicing the empirical analysis of the fact that the borrowing fraud litigation violates principle of good faith. In view of the above characteristics and identification point, combining with the relief ways of the outsider objects in the case, the discussions follows with building civil procedure and entity construction of the third party, and addition of a comprehensive relief mechanism of the criminal regulation.This article, closely concentrating on the study of the recognition and relief of the case,draws the following conclusions: The characteristics of folk loan fraud litigation procedure are shown as subject diversification and relationship particularity, the appearance of legitimacy and internal concealment, defense process weakeningand multiple mediation; constitutive requirements are composed of subjective element,subject element, objective element and object element; the hypocrisy of false litigation’s subject, object and suit’s claim; the suit of the third party discharging the judgment, the third party‘s applying for retrial and dissent action of execution together make up a organic whole of outsider relief. But without ignorance, the latter two prevail in application order, so we can only select one technically in case of procedural rights abuse. Theory support on false litigation crime punishment and the legislative practice make clear to all that our system of fighting and containing fraud litigation are more complete and sound.