False Lawsuit In Paying Debt In Kind

Paying the debt in kind is a measure developed in judicial practice, it pays off the debts by replacing the original bids by other subjects. It is valuable in judicial practice, however, as the lack of legal regulation, it could be used by the false lawsuit. This paper started by analyzing typical cases, they shows us the normal pattern of false lawsuit using this method——paying the debt in kind. I try to tell the reasons that cause this phenomenon and I hope to solve these problems:Why does paying the debt in kind happen so frequently in judicial practice? Why is it used by false lawsuit so easily? What damage will false lawsuit cause in China’s judicial practice? How to guard against the abuse of paying debt in kind and the spread of false lawsuit?Due to paying debt in kind is about the concept of the contract, the contract law and the principles of autonomy prompt the parties to seek to the efficiency of transaction and the maximize of benefit, this kind of understanding makes judges approve paying debt in kind when they hear cases. While paying debt in kind using by the false lawsuit can cause the damage of outsiders, do harm to their interests,and these are quite unfair and unreasonable, which makes it difficult for the judge to be in a detached position. And once the false lawsuit is confirmed, the outsiders’interests are damaged, the judicial remedy will not only be really difficult, but also cost a lot, what’s more serious is that the judicial authority will definitely be damaged. At this time, we need to find a balance between the principles of autonomy and regulating paying debt in kind, we also need to pay much attention on prevention of false lawsuit, create a prevention mechanism for it, as to avoid the abuse of paying debt in kind by striking false lawsuit.This paper classifies paying the debt in kind, and compares it with similar concepts as datio in solutum, debt changes, fluidity contract, so as to identify the nature and effectiveness of it. Based on that, I also discuss how to construct a system of paying a debt in kind and find methods of regulating. What’s more, the paper extends to the general characteristics and harms of the false lawsuit from the paying the debt in kind way, and then, puts forward preventions of false lawsuit proposals.