Identification And Regulation Of False Litigation Of Private Lending

With the rapid development of China’s economy,the pace of social change is gradually accelerating,and the lending behavior in the private economy is also increasing,among which there is no lack of the occurrence of some illegal people’s false private lending behavior through the fictitious lending relationship.Most of these false private lending behaviors have the formal elements of litigation behavior,with strong concealment,and are not easy to be judged However,the false private lending litigation has a strong social harmfulness.It will infringe on the legitimate rights and interests of others,destroy the res judicata of the judgment documents,damage the image of legal fairness and waste of judicial resources.This paper is divided into four parts,the first part is the summary of the private lending false litigation.Then,the dilemma of identification and regulation is found.Based on the identification of the clues,the paper studies the prevention and regulation of the false litigation of private lending.Finally,it studies the prevention and regulation of the false litigation of private lending The regulation puts forward personal opinions.The first part is the summary of the false litigation of private lending.Through comparing scholars’ opinions and theories,the author makes an explanation and interpretation of personal views on false litigation and private lending false litigation.After defining the concept,the types of private lending false litigation are divided according to the scope of the infringement of property by the private lending false litigation.Then,the status quo of the false litigation is analyzed,and the harm that will be caused by the development of the private lending false litigation is analyzed.The second part explains the dilemma of the private loan false litigation.There are difficulties in the identification and regulation of the false litigation of private lending.This chapter discusses the difficulties of identification and regulation respectively.The third part discusses the identification of the false litigation of private lending.This chapter mainly discusses from two aspects: one is from the folk loan false litigation six constituent elements to carry on the analysis,Second,the identification clues of the false litigation of private lending mainly from the following eight aspects: whether the lender has the ability of lending,whether the basis of the lender’s prosecution is reasonable,the relationship between the parties,the evidence of litigation,the degree of confrontation between the parties,the characteristics of the private lending parties,the phenomenon of self recognition and the form of the court’s closing.The fourth part is the prevention and regulation of false litigation of private lending.The first three parts describe the current situation,difficulties and identification clues of the false litigation of private lending.On the basis of the previous three parts,this paper summarizes the relevant scholars’ suggestions and regulatory direction for the false litigation of private lending,and puts forward its own suggestions and regulatory solutions for the prevention of false litigation of private lending.