A Study On The Fraud Litigation Of Private Lending

With the construction of the rule of law society, people’s legal consciousness has been greatly improved. And more and more people know how to pick up the legal weapon to safeguard their lawful rights and interests, in the manner of litigation to resolve disputes. But at the same time, the abuse of litigation action is also a lot of problems, the function of litigation is alienated. Fraud litigation is a typical example of the litigation function alienation, which not only damages the legitimate rights and interests of the outsider, but also wastes judicial resources, disturbs the order of justice, undermines the judicial authority, and has a great social malignant.The article takes the most prominent private lending areas as the breakthrough point, and the paper specifically studies the problem of the false litigation of private lending in recent years. The fraud litigation of private lending is not the interests of litigation, but also seriously violates the value of litigation, which seriously harms the construction of socialist rule of law. At present, most of domestic scholars focus on the false litigation or private lending alone, not for the specific areas of private lending false litigation system research. In view of this, the paper analyzes the fraud litigation of private lending at home and abroad, and studies the legal provisions of the new civil procedure law about fraud litigation.It is found that much of the provisions of the new civil procedure law of our country is principled regulations, and the relevant supporting judicial interpretation is still missing.So it is necessary to reflect on the fraud litigation of private lending and put forward suggestions to build the related system. Firstly, the paper begins with the concept and characteristics of the fraud litigation of private lending, makes a comprehensive introduction of the fraud litigation of private lending. Secondly according to the current situation of our country, taking the typical case as the breakthrough point, the reasons of the formation of the fraud litigation of private lending is analyzed, the crux of the problem is found. Then the overseas law is studied, and the advanced experience of the typical countries（regions） should be used for reference. Finally, we put forward the concrete suggestions on the prevention and relief of the fraud litigation of the private lending in our country.The purpose to study the subject is to hope to change in our country at present in the field of private lending of fraud litigation flooding phenomenon, to improve the legislation of our country, to establish a good environment for the operation of law, to contribute to construction of the rule of law.