The Judicial Response Dilemma And Its Perfect Path Of False Litigation Of Private Lending In China

At present,under the background of the explosive growth of the number of civil cases in the people’s courts,the proportion of private loan cases in general is still on the rise.Although private lending meets the needs of social and economic activities to a certain extent,it puts forward higher requirements for the judicial review ability of the people’s courts.As a type of false litigation,the civil loan false litigation,because of its simple basic legal relationship,low cost of evidence forgery and complex human relations,the formation of a natural"evidence barrier" and other reasons,thus become a false litigation of the disaster area,not only infringe the rights and interests of the state,collective,third party,but also waste disenfranchisement of judicial resources,reduce judicial efficiency,more importantly,damage as a part of the authority of the state-judicial authority,reduce the credibility of the judiciary.As a national judicial organ,the people’s court should not only try and make decisions in accordance with the law strictly,prudently and fairly on the basis of ascertaining the facts,and safeguard the legitimate rights and interests of the parties to the case and those who are outside the case,but also strive to safeguard the authority of the state and ensure the proper exercise of the right of action.At present,how to investigate and punish and curb the false litigation of private loans more effectively is of great significance to the overall rectification of false litigation.This paper starts with the introduction of the current situation and legal provisions of the case of the false litigation of private lending in China,analyzes the incomplete basis of the judicial review of the people’s court’s false litigation of private loans,and analyzes the predicament of judicial response through the summary of the typical cases of false litigation of private lending and the selection of five trial links to be presented in judicial response.Secondly,from the court internal system and the external environment two levels of analysis caused by the court to examine the difficulties of private lending false litigation,in order to better deal with the private loan false litigation to find the right bull’s-eye.This paper analyzes the experience practices of several extraterritorial regions,stands in the perspective of china’s reality,and puts forward rationalization proposals for better regulating the false litigation of private lending from the perspective of the construction of the people’s court system and the complete legal regulation system.