Research On The Regulation Of False Civil Litigation In Private Lending

With the gradual improvement of the rule of law society,the gradual popularization of legal knowledge,the legal awareness of the subject of conduct has been gradually enhanced.In the event of disputes,the actor began to use legal weapons to protect their legitimate rights and interests,chose to take up legal weapons to protect their legitimate rights and interests,and the dispute resolution mechanism has been transformed into litigation.But in the process of practice,there are many people in order to obtain their own interests not belonging to their own state of mind,seek illegal interests,and then take the risk,use the right of action,forge facts,fabricate evidence,leave the dignity of the law behind.This is a typical false lawsuit.including the other party and the third party,but also damages the judicial authority by abusing litigation rights.The abuse of judicial resources has a certain degree of damage to social stability,which has a great impact.This paper is based on the most common private lending,combined with the manifestation of false litigation as an important research object.This kind of false private lending litigation has an impact on the construction of the rule of law society in China,and brings various unstable factors to the construction of the rule of law society.At present,there are many cases of false private lending in our country.Through the analysis,there are many scholars in the study of false litigation and private lending,but only separate research,not systematically integrated together to analyze and study,and explore the research of false private lending litigation.In this paper,based on the overview of the false private lending litigation,the characteristics,causes and harms of the false private lending litigation,and according to the relevant case studies,the specific measures to solve the problems and the operational research in judicial practice,combined with the Civil Procedure Law of the people's Republic of China and the relevant judicial interpretation of the relevant provisions of the false litigation,This paper analyzes the actual situation of legislation in our country,and summarizes the following characteristics of the false privatelending litigation: first,the relationship and cooperation of the actors;second,the diversity of means and the concealment of behavior;third,the incomplete evidence chain and the abnormal characteristics of the trial process.At the same time,because the relevant provisions of the Civil Procedure Law of the people's Republic of China on false litigation are all theoretical level,the operability is not strong,urgent need to improve,and the relevant relief measures are not perfect,the relevant judicial interpretation is not comprehensive and other issues need to be further explored and studied.Therefore,it is very important to study the false litigation of private lending,aiming to alleviate the frequent occurrence of the phenomenon of false litigation of private lending,so as to improve the steady development of our legal society.