The Legal Regulation Of Private Lending False Litigation

False action is a kind of negative lawsuit phenomenon in recent years in China in the field of judicature. Has seriously affected the normal procedure, and caused very bad social influence. Especially with the development of China’s economy, the social demand for funds volume continues to increase, China’s rapid development of private lending. Lead to frequent false litigation in private lending phenomenon, serious harm to the judicial authority and judicial justice.Although the courts at the country have been introduced on the treatment of lending false lawsuit measures, they have not formed a perfect for borrowing false litigation legislation and judicial system, borrowing false litigation case has been repeated. This paper attempts to combine the author the trial practice, characteristics and harm for borrowing false lawsuit, to form a more effective preventive borrowing false litigation system of legal regulation.This paper is divided into four chapters, the concept and features of folk loan fraud litigation chapter focuses on. Through the analysis of concept and characteristics of folk loan false action, can better identify such cases. At the same time, according to the characteristics of folk lending case, I write this to create more targeted regulation.The second chapter is borrowing false litigation predicament. The two aspects reasons and solve urgently from borrowing false action repeated the question. Lack of honesty is the subjective reason of false litigation arising from the folk debit and credit, and the illegal interest is the root of false cases of private lending. Prevention of borrowing false litigation case, two problems have to be solved. First of all, to solve the lack of civil liability system corresponding to this kind of case, the problem of insufficient civil penalties. Second, the vacancy of criminal punishment means to solve, and the problem of shortage of deterrence.The third chapter is the legislative regulation of private borrowing false litigation. Mainly from the legislative angle analysis how to effectively regulate borrowing false lawsuit. The proposed increase the principle of honesty and credit in terms of "Civil Procedure Law"; to improve the third party litigation system, to protect the third party in litigation rights in time, prevent the false lawsuit behavior in time, prevent serious waste of judicial resources; the establishment of private lending false litigation right infringement damage compensate system, increase the illegal cost; make alone in private borrowing false litigation the problem of the special law, strengthening the legal pertinence. The criminal legislation, regulations can modify "criminal law" the sixth chapter second section on the "crime of obstruction of justice", or through the relevant judicial interpretations promulgated by the way, the false litigation as an obstruction of justice act, people are punished.Judicial response and prevention of the fourth chapter is the folk loan fraud litigation. By strengthening the warning and registration; strengthen the screening trial stage; perfect the procedure for trial supervision; to establish and perfect the credit mechanism measures more effective regulation of private borrowing false litigation.Through the theoretical discussion of borrowing false litigation concept, features, hazards, and in combination with the judicial practice legislation and judicial prevention for borrowing false litigation are compared in detail, for instance by correcting retrial procedure error judgment; strengthen the case file review system, strictly examine the case materials, to folk lending case evidence the material is not complete, cannot confirm the litigant lawsuit request cases, can inform the risk of litigation, and suggested that the parties make up the evidence after the case; the folk lending the false lawsuit behavior into a one credit archives, in order to court for reference in the case and the case proceedings. We hope to improve the borrowing false litigation legislation and prevent the occurrence of such cases, have certain reference significance.