Study On The Regulation Of False Litigation In Private Lending

In civil litigation cases,false litigation often occurs in creditor’s rights and debts disputes,and the typical type of false litigation is folk lending.When the court accepts the cases of private lending,some litigants abuse the right of action,fabricate the facts of the loan and forge the evidence of the loan,intending to infringe others’ legitimate rights and interests and seek illegal interests through the court mediation and judgment and other legal forms.The behavior of false litigants by private lending seriously violates the principle of honesty and credit,disrupts the normal judicial order,weakens the judicial credibility,and puts additional burden on the limited judicial resources.It is the obligatory duty of the people’s court to identify,regulate and prevent the false lawsuit of private lending in the course of civil litigation.This paper takes the typical type of false litigation of private lending as the starting point,carries out research by using empirical analysis,case analysis and literature analysis,compares and discusses the false litigation of private lending with relevant concepts,and makes clear the definition and scope of false litigation of private lending.Combined with relevant legal theories and typical judicial practice cases such as bulletin cases,this paper classifies and classifies different types of false private lending litigation,so as to provide a basis for effective identification and regulation.Finally through the different types of cases mentioned above and to identify elements,put forward the corresponding regulation measures,mainly include strengthening physical examination,standardize the litigation process,build system of tort damages and to establish linkage mechanism to prevent useful countermeasures,such as to improve the judicial credibility and build a good faith society system create a good legal environment.