Research On The Recognition And Prevention Of False Litigation Of Private Lending

Since the implementation of the registration system,a large number of civil disputes have entered into the litigation process.In civil cases,the proportion of private lending cases seems to be simple and the facts are clear.In the actual trial process,it is often difficult to find out the lending facts due to the low rate of parties appearing in court.In order to transfer property,evade debt and other illegal purposes,the number of cases that the false litigant infringes the legitimate rights and interests of others by using the private loan false litigation is increasing year by year.At present,private lending cases have become a high incidence area of false litigation,which not only infringes the legitimate rights and interests of stakeholders,but also seriously wastes judicial resources.At present,although some cases of false litigation are listed in the legislation,and how to deal with the false litigation is also stipulated by the judge,but the false litigation of private lending is still a big problem in the trial practice.It is necessary to explore the solution to the problem of the false litigation of private lending and define the concept of the false litigation of private lending.Through the elaboration of the related concepts of the false litigation by the comparative scholars,this paper defines that the false litigation of private lending refers to that the parties,in order to obtain the illegal interests,maliciously cheat or conspire to file the civil lending litigation to the court by means of fabricating the legal relationship or subject,fabricating the facts,fabricating the altered evidence and so on,which causes the court to make the wrong judgment or execution and infringes others,the collective and the country.At the same time,this paper analyzes the characteristics of the false litigation of private lending from six aspects:the subject,the object,the subjective intention of the actor,the means of behavior,the performance of the litigation and the way to close the case,and further expounds the collusive false litigation of private lending and the fraudulent false litigation of private lending.The false litigation of private lending has great harm,which is mainly manifested in infringing the interests of the legitimate rights holders,damaging the legal authority and judicial dignity,and seriously wasting judicial resources.The main reasons are the imperfection of legislation and litigation mechanism,the abuse of mediation system,the lack of social integrity,and the low illegal cost of civil lending false litigation.Regulating the false litigation of private lending is an inevitable requirement for building a harmonious society,maintaining judicial credibility and protecting the interests of legitimate rights and interests,and identifying the false litigation of private lending is the premise of regulating and preventing the false litigation of private lending Through the in-depth analysis of the ten specific situations of the current legislation,the elements and evidence review of the civil lending false litigation,we can strictly grasp the recognition standards of the civil lending false litigation.At the same time,it analyzes the handling types of the civil lending false litigation in the trial practice.For the civil lending false cases,if the parties apply for withdrawing the lawsuit,the court will not allow it;the court should reject the lawsuit request of the parties;for the behavior subject of the civil lending false lawsuit,it will make a comprehensive judgment from its subjective malice and the resulting losses.From the legislative point of view,we should strengthen the applicability of the crime of false litigation,and establish the mechanism of examining the false litigation of private lending.From the aspect of litigation mechanism,we need to improve the system of quick adjudication,mediation and evidence review;at the same time,we need to improve the system of rights protection and relief of the third party.The third party litigation system is an important system for the pre protection of legal rights and personnel,while the system of enforcement of dissent,cancellation of the third party and application for retrial by the third party are three important rights relief systems.Finally,we need to improve the system of emptiness.The illegal cost of false litigation and the construction of credit.