Jurisprudence Research On Private Lending False Litigation

Private lending refers to the lending behavior between citizens and citizens,legal persons,or other organizations.The flexible,convenient,and simple nature of private lending broadens financing channels and enhances capital flows.However,due to these characteristics,private lending has made it lack of supervision.The frequency of false litigation in private loans has increased,which has damaged the rights and interests of others and jeopardized the judicial order and authority.In 2012,the Civil Procedure Law was revised for the first time to regulate false litigation.In 2015,the Criminal Law Amendment 9 added false litigation as a crime.Judicial interpretations and judicial documents were also promulgated.But there are still many difficulties in the trial.The author hopes to conduct research to discuss more suitable ways to deal with private lending false litigation.The first part discusses the basic concepts,constituent elements and types of false litigation in private lending.It analyzes and compares the concepts theoretically and legally,sums up the mainly controversy are "collusion between the two parties" and "infringes on the legal rights and interests of others",and distinguishes between private lending false litigation and other similar concepts.Then it analyzes the constitutional requirements of the private lending false litigation,specifically divided into four parts: the subject of the behavior,the subjective purpose of the actor,the objective characteristics of the behavior,and the object of infringement.Then,it conducts a type analysis on the private lending false litigation.According to the violation of the object,it can be divided into violation of the interests of the parties,violation of the interests of outsiders,violation of the national interests and public interests;According to the classification of actors,it can be divided into two types: malicious collusion between parties and malicious collusion between parties and outsiders.The second part conducts analysis of laws and regulations on the private lending false litigation.First,it analyzes the legislation of our country and other judicial documents,and summarizes the current legal norms of the private lending false litigation in China.Then it analyzes the relevant legislation outside our country and summarizes the provisions of the common law and the civil law countries.Compare the legal system of our country with that of other regions,and find ideas for reference.The third part makes an empirical analysis on the judgments of the private lending false litigation,and summarizes the characteristics in the litigation.Firstly,it analyzes the verdicts involving the private lending false litigation,and then analyzes the civil cases in which the verdict constitutes false litigation of civil lending,and summarizes the problems existing in the current trial.The fourth part conducts legal and economic analysis on private lending false litigation,by building a cost-benefit model,studying the cost and benefit of the private lending false litigation,and analyzing the cost and benefit situation through specific cases.The fifth part makes suggestions to improve the identification and regulation of private lending false litigation.First of all,we must establish the guiding ideology of strictly regulating the private lending false litigation,strictly investigate legal responsibilities,and establish the idea of long-term governance and prevention in advance.Secondly,the legislation should strengthen criminal and civil sanctions and improve the victim relief system.Finally,strengthen judicial review of civil selfrecognition,rational use of authority investigation and evidence collection,clarify the standard of proof,reasonable use of proof responsibility and rules of experience,and remove the administrative assessment of judicial power.