Definition And Regulation Of Folk Loan False Litigation

With the rapid development of China's economy and the continuous growth of the people's income,a large number of private idle capital flows into the market,which is of great benefit to the prosperity of the socialist market economy.With the strategy of ruling the country according to law.It has become a more and more popular means to safeguard legal rights and interests through legal channels and to resolve contradictions and disputes.This is also a concrete manifestation of social progress and the development of the rule of law.However,rights should not be abused and civil proceedings are no exception.In recent years,the use of litigation as a legitimate form of illegal interests to obtain false litigation phenomenon has appeared in large numbers,especially in non-governmental lending In the rectification,some parties are desperate,trying to achieve their own illegitimate purpose through false litigation,false litigation has a growing trend.False litigation not only infringes on the legitimate rights and interests of the opposite party or other powerful parties,but also wastes limited judicial resources and greatly damages the credibility and authority of the judiciary.However,the lack of legislation in our country leads to the punishment of false litigation is very unfavorable,resulting in the illegal cost of false litigation is very low,resulting in some people desperate to use false litigation to pursue illegal interests.The fourth Plenary session of the 18 th CPC Central Committee The central government's decision on a number of major issues governing the country in an all-round way makes it clear that it is necessary to increase punishment for false litigation.The current Civil procedure Law of our country and the provisions of the Supreme people's Court on several issues concerning the application of the law in the trial of private lending cases,as well as the judicial interpretation of the relevant civil litigation,have all made relevant provisions on the false litigation of private lending and lending.However,in the current judicial trial,some outstanding problems need to be solved in the face of various and increasingly complex false litigation in the field of folk lending.Based on this,it is necessary for us to analyze the characteristics of the false litigation of folk lending,sum up their commonality,and improve the identification of folk borrowing.The efficiency of loanfalse litigation,targeted prevention and regulation,so as to regulate the private lending market.This paper is discussed from the following four chapters.The first chapter starts with the concept of false litigation of folk lending and loans,and compares the concepts which are easy to be confused.Combined with the latest regulations on folk lending issued by the Supreme Court,this paper generalizes the constituent elements of the false litigation of folk borrowing and lending.The second chapter makes a theoretical analysis of the false litigation of non-governmental borrowing and borrowing,and studies the behavioral characteristics of the false litigation of folk borrowing and borrowing from the theoretical point of view.The third chapter classifies the typical cases of non-governmental borrowing and borrowing false litigation,and analyzes their specific causes.According to the analysis of the above-mentioned cases,the four chapters put forward their own suggestions to perfect the folk society.Suggestions on rationalization of the system of false Litigation for loans and loans.From the legislation,evidence,mediation,the establishment of a good faith system from several aspects of rationalization suggestions.