A Study On The Problem Of Malicious Suit In Private Loan

At the same time,more and more people use civil litigation to protect their legitimate rights and interests,while malicious litigation is increasingly troubled by our judicial practice.A party who unilaterally falsifies a legal fact or fictitious legal relationship and brings a formal action to the court,thereby causing the other party to suffer property damage,mental loss and other acts,that is,malicious action.Evidently,the malicious litigation violates the authority and fairness of the law,violates the basic moral standards of the society,and causes direct infringement on others,including loss of interests,loss of time,mental stress,which aroused the concern of the whole society.criticism.Private lending and financial behavior has always been,and is common in many countries and regions,the main participants in this activity include natural persons,legal persons or independent economies,etc.,based on monetary or valuables between the capital flow.Because of our financial and legal system is not perfect,which leads to private lending inevitably there is a certain negative impact,the extensive,disorderly,hidden defects accumulated over time.The increasing risk of private borrowing,the hidden danger of prominent,making the effective supervision of private capital and health guidance has become an important issue in the current economic development.Since 2011,by the financial crisis and other global economic situation and the impact of China's macroeconomic policy adjustment,in some areas of production and operation difficulties,capital strand breaks,some local private borrowing-related debt can not be promptly discharged,leading to debtor fled,small and medium enterprises Closure and other events.And the relevant creditors or debtors in order to recover the debt or to evade,transfer of debt,began widespread use of civil litigation in the case of malicious means to achieve their illegal purposes.Therefore,the promulgated in 2012,"the People's Republic of Civil Procedure Law" section 112,113,promulgated in 2015,"the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China," the interpretation of Article 190,"the Supreme People's Court The provisions of the 19 th and 20 th of the Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases,all of which fill the legal gaps in civil litigation on civil litigation,and to a certain extent,solve some problems in judicial practice The emergence of the problem of malicious litigation.However,it is not difficult to find some problems in the interpretation of the provisions of the Civil Procedure Law,such as in the Civil Procedure Law,although its provisions,but in the civil law on its related provisions only scattered in a single line of judicial interpretation.The behavior of private lending is ubiquitous and peculiar,and the malpractice action has always appeared,and the situation is becoming more and more intense.However,China has not yet developed a legal system for supporting private loans,and this social problem is difficult to solve,the court in dealing with issues related to the more difficult,only under the existing fragmented laws related to the verdict.This article tries to start from the theory of malicious litigation in private lending and gradually straighten out its concept,characteristics,legal basis,analyze its current situation,explore its causes,types,and recognize its harm,so in the trial practice of civil litigation To identify,to explore its legal regulation and to be improved.