Research On The Legal Regulation Of False Private Lending Litigation

False private lending litigation is subordinate concept of fraud litigation,which means such a lawsuit that the doers institute inauthentic legal proceedings through counterfeiting loan notes and some other evidence,fabricating relationship of rights and obligations in loan contract,the fact of borrowing money and loan dispute,whose intention is to use the civil procedure to obtain the effective legal documents of the court,and then get illegal profits and infringe upon the rights and interests of others.False private lending litigation can be divided into unilateral and bilateral false litigation,false litigation for the purpose of avoiding execution and embezzlement others' property,and which is manipulated by wire-pullers or an unmanned types of litigation.False private lending litigation has obvious characteristics,for instance,subjects of litigation have special relationship,litigation form is legal but procedural action is illegal,evidence in litigation and litigation outcome are single,and whose concealment is very strong.At present,more and more false private lending litigations are occuring,but the procedural regulation is unsubstantial,the intensity of punishment is light,and it is short of civil substantive law,so that our legal institutions are failure to timely and effectively regulate the illegal procedural acts,which greatly does harm to others' legitimate rights and interests,and also seriously interferes with the normal litigation order.This article highlights issues above,puts forward a lot of targeted suggestions for improvement,for example,all parties concerned should give full play to the functions of the Case Filing Chamber,set up special investigation procedure on trail aiming at the bilateral false litigation,flexibly apply different judicial modes contrapose criminal and civil cases that cross each other,apply compulsory measures as fines and detentions that obstruct civil proceedings in the judicial level,as well as allow the victim to institute a civil tort action in the aspect of legislation and learn from foreign useful experience,which is in order to maintain the order of litigation and protect others' legitimate rights and interests.Except the forewords and epilogue,the main body of this thesis is divided into three parts,a total of 30,000 words.The first part is summarization of false litigation in the field of private lending.This part is based on this upperseat concept fraud litigation which is defined by academia and practice,and then illustrate the hypogyny conceptio false private lending lawsuit.According to different classification criteria,the judicial cases in the area of false private lending lawsuit can be divided into three types.After integration and analysis 234 representative judicial cases,this paper sums up the outstanding characteristics of this kind of lawsuit cases.which lays a foundation for the exploration of targeted legal regulation measures for different types of cases.The second part is the practical problems and cause analysis of legal regulation on false private lending litigation.This part deeply analyzes the practical problems and its reasons by investigating 234 typical cases concluded by courts throughout the country in the last two years.The third part is suggestions on the improvement of legal regulation aiming at false private lending litigation.This part is based on a lot of typical cases analysis,combines current laws in force,judicial interpretations and related theories,puts forward specific suggestions from several aspects including lawmaking and judicature.