On The Private Lending False Identification And Prevention Of Litigation

Judicial practice, between the citizens and the citizens and legal persons, other organizations lending practices as "private lending" and the lending practices of citizens, legal persons and other organizations among commercial banks as "commercial loans. " The objective to ease the shortage of private lending of commercial banks lending money to broaden between citizens or legal, financing other organizations, to some extent alleviate the financial needs of citizens, legal persons and other organizations, to enhance the civil remaining effective flow of capital diversification, and promoting the formation of a multi-level lending market and improve, but also conducive to promoting the stable development of the market economy. However, the private lending unique flexibility, timeliness, simplicity characteristic of the complexity of the subject and borrowing behavior vacancy status quo lack of effective supervision and legal norms, resulting in the use of private lending in recent years, making a false court cases showed multiple trend. Participants in the proceedings by false fictitious loans facts to seek illegitimate interests, illegal or against the opposite party as the legitimate interests of the Third Party form of private lending a false appearance of litigation. Private lending false lawsuit not only disrupt the trial court’s order, and can easily result in reduced efficiency of the judicial proceedings, litigation and serious waste of resources, but also violated the legal rights of others, undermines the dignity of the law, the judicial authority, influence the course of justice.This paper is divided into five parts, the first part of the introduction; the second part describes the characteristics of private lending litigation and false manifestations; the third section describes the dangers of private lending and the reasons for the high incidence of false litigation, private lending fourth section detailing false litigation proceedings to identify and review the evidence to determine; section V of private lending to prevent spurious litigation. In this paper, the characteristics and performance through real-world examples in the form of private lending practices and false trial proceedings encountered, based on differences in private lending and thus distinguish false false litigation and general litigation, private lending to improve spurious litigation review of the evidence to support point, the issues addressed legal action against false encountered, from the community level, the judicial level, civil, criminal and other legislative level guard put forward their views, in order to provide a reference for the judicial practice trials.