The Research On False Private Lending Litigation

At present,China's rule of law society is becoming more and more perfect,legal knowledge is becoming more and more popular,people's legal consciousness has been greatly improved,in the face of problems,people already know how to use legal weapons to safeguard their legitimate rights and interests.However,there are a lot of people in order to get illegal interests,a large number of abuse of the right of action,resulting in the function of litigation has been alienated,including false litigation is a typical representative.False litigation not only damaged the legitimate rights and interests of other victims,but also caused a waste of judicial resources.It destroyed social stability,trampled judicial authority and had a great impact on its consequences.In this paper,the most common private lending false litigation as the object of study,this kind of false litigation does not have the interests of litigation,but also seriously violated the value of litigation.At present,although there are a lot of scholars in our country to study in this respect,but most of them are the private lending and false litigation independent,not together for systematic analysis.Therefore,this article has carried on the system analysis to the domestic and foreign about the false folk loan lawsuit legal regulation,at the same time unifies our country actual situation,has made the detailed analysis to our country new civil lawsuit about the false litigation regulation,summarized the present our country new civil procedure law about the false litigation regulation mostly is the theoretical regulation,the operability is not strong,and has the legal vacancy,needs to perfect,such as the related supporting judicial explanation absence and so on,therefore,the research to the folk loan false litigation is imperative.Based on the analysis and reference of foreign relevant laws,this paper puts forward some effective methods to prevent and remedy the private lending in false litigation,aiming at contributing to the construction of the rule of law society in our country,and hoping to improve the phenomenon of the proliferation of private lending in false litigation.