The Legal Regulation Of The Fraud Litigation

Bacon, a British scientist and philosopher, said that “The consequence of an unjust judgment is more harmful than ten crimes. Though crimes defy the law as pollutant pollutes the water, unjust judgments destroy the law as the headwaters is polluted ”.President Xi often quotes this sentence in kinds of important speeches. The profound truth the sentence implies is worth thinking. The judicial fairness is the basic principle of the judicial building and also the ultimate aim of the judicial adjudication. The negative effect of unjust judgment can not be underestimated. Criminals take advantage of judicial process and dominate the whole judicial process. This act is more creepy. The serious consequence caused by malicious action,litigation fraud and false lawsuit,the act of abusing judicial process, not only represents the unjust judgment but also has a bad effect on the credibility of the judiciary. It can cause fatal damage to the moral construction of judicial process.China's economy keeps growing at a high speed annually. The relevant economic activities are varied as well. As market economy gets more and more mature, many ways of financing are created to adapt the needs of the development of the market. Private lending makes a great contribution to the construction of the market economy as a traditional way of financing. It also shows the stronger and more prosperous vitality. However, many drawbacks such as usury and false lawsuit appear in private lending. Therefore, a detailed and relevant research of private lending and false lawsuit is desiderated to prevent the spread of negative factors in private lending. At present false lawsuit is difficult to be found as a emerging problem. So how to prevent and handle it effectively in time is a tough problem to safeguard judicial fairness.This article is separated into four chapters. In chapter one, the false lawsuit in private lending is defined in concept. At first, its connotation is explained to let the public have a clear understanding of this specific meaning. Then, the characters and harm are presented to teach the public how to identify this kind of case professionally. In chapter two, the foreign research status is introduced and compared with ours to find the similarities and the differences. In chapter three, the development situation of the false lawsuit in private lending in our country is introduced to analyze the cause and suit the remedy to the case. In chapter four, the former content is analyzed synthetically and the relevant regulation is summarized.