On The Procuratorial Supervision Of The False Lawsuit Of Private Loan

In recent years,the cases of false litigation are frequent,and mainly concentrated in the field of private lending.As an alternative phenomenon of civil litigation,it not only reduces the judicial credibility,hinders the judicial order,but also damages the national interests,social public interests or the legitimate rights and interests of the third party.As a special legal supervision organ stipulated in the constitution,it is necessary for the procuratorial organ to exercise its legal supervision duties and supervise the false litigation of private lending in time,so as to maintain the judicial order.The first part starts with two cases of the supervision of civil lending false litigation by procuratorial organs,introduces the basic case and the supervision of procuratorial organs,analyzes the discovery of case clues,the acquisition of evidence,the means and results of procuratorial supervision,summarizes the problems in the supervision of civil lending false litigation by procuratorial organs,and paves the way for the following article.The second part starts with the concept of private lending and false litigation,obtains the concept of private lending false litigation,and deeply analyzes the characteristics of private lending false litigation,that is,the intimacy of the litigants,the incompleteness of the evidence chain,the non confrontation of the trial,and the wide applicability of mediation.The third part defines the procuratorial supervision of the false litigation of private lending,expounds the necessity of the procuratorial organ to supervise the false litigation of private lending,and then analyzes the ways of procuratorial supervision,including protest,procuratorial suggestions,and transfer clues;the object of procuratorial supervision includes not only the supervision of public power,but also the supervision of the litigants,other litigants and outsiders As for the scope of procuratorial supervision,there are many disputes in the academic circles about the mediation statement that damages the interests of the third party,and this paper holds that it should be included in the scope of procuratorial supervision.On the basis of the above research,the fourth part summarizes the five typical problems found by the procuratorial organs in the process of supervising the false litigation cases of private lending,which are difficult to find the supervision clues,limited exercise of the investigation and verification power,lag in the intervention time of the procuratorial organs,insufficient deterrence of the procuratorial supervision and lack of linkage mechanism to prevent and punish the false litigation of private lending.The fifth part put forward solutions of the above five problems one by one.With the help of the intelligent case handling assistant platform,we will establish a case database and early warning mechanism for the false litigation of private lending,increase the publicity for the supervision of the cases by the procuratorial organs,and form a mechanism for finding the clues of the false litigation of private lending;improve the right of investigation and verification,including clear provisions for the exercise of the right of investigation and verification,the effectiveness of evidence and the force of enforcement;establish pre litigation early warning,in litigation and post litigation supervision Supervision mechanism;improve the deterrence of procuratorial supervision,change the original concept of "heavy punishment rather than people",clarify the effectiveness of procuratorial suggestions,and increase the punishment to frighten the private lending false litigants;finally,propose to build a linkage mechanism to prevent and punish the private lending false litigation,and strengthen the internal and external cooperation of procuratorial organs.I hope that through the research of this paper,we can strengthen the supervision effect of the procuratorial organ in the field of the false litigation of private lending,effectively protect the interests of relevant obligees,and maintain the judicial order.