Research On False Lawsuits In Civil Lending Dispute Cases

With the economic development of modern China,people's economic exchanges have increased,and private borrowing has existed in a large number of daily lives.However,borrowing money or inability to repay it is the most common problem in private borrowing.When confronted with similar situations,As a borrower,it is necessary to safeguard its legal rights and interests through the remedy of litigation.This is the source of private loan disputes.The development of private lending has led to the emergence of a large number of lawsuits,and the number of cases handled by grassroots courts has grown rapidly.In our country,the condition of the lawsuit of folk loan dispute is: when the borrower brings a lawsuit to the people's court,he should provide the evidence of the debt,receipt,Bill and other evidence that can prove the existence of the legal relationship of the loan.Where the creditor's rights documents such as loans,receipts,and debts held by the parties do not state the creditors,and the party holding the creditor's rights certificates files a private loan lawsuit,the people's court shall accept the case.False litigation is a kind of negative litigation phenomenon in China's judicial field in recent years.The false lawsuit that often happens in the folk loan case seriously affects the normal trial procedure of the court,endangers the judicial authority and judicial justice,and causes the extremely bad social influence.Although the courts at all levels of the country have successively issued relevant measures to govern the false litigation of folk lending,they have failed to form a comprehensive legislation and judicial system for folk lending.Such cases have been repeatedly banned.In view of the frequent occurrence of false lawsuits in folk loan disputes,this paper will analyze the concept and characteristics of false litigation in folk loan disputes through multi-dimension analysis,taking into account the current situation of false litigation cases in grassroots courts.This paper finds out the relevant problems in the operation of the litigation system,analyzes the deep reasons for the problems,discusses the causes and harms of the false litigation in China's private loan disputes,and analyzes the appearance and recognition of the false litigation problems in China's private loan disputes.Finally,by drawing on the relevant provisions of foreign laws,this paper puts forward countermeasures and methods on how to prevent and regulate the problem of false litigation in China's private borrowing disputes,and establishes a sound mechanism to increase vigilance and strengthen prevention.In order to prevent andminimize the occurrence of false lawsuits.