Prevention And Regulation Of False Lawsuit In Private Lending

As a monetary financial transaction between civil subjects,private lending has been used by criminals to achieve their illegal purposes with the help of litigation rights because of its simplicity,efficiency and fast capital flow.It has become more and more intense in the judicial proceedings,resulting in a significant increase in the frequency of false litigation of private lending,which has seriously affected the judicial process.In order to punish the false litigation of private lending,China’s civil legislation has initially established a false litigation identification and regulation system.The criminal legislation lists the false litigation as a false litigation crime to punish the occurrence of illegal crimes.The supreme law and the Supreme Procuratorate have also issued guiding documents to resist the false litigation.However,the false litigation of private lending has the characteristics of strong concealment,flexibility and variability,and the legislation is lagging behind,and the manifestations can not be fully covered,resulting in many difficulties in judicial practice.To study the problem of false litigation of private lending,we need to start from theoretical research,define the concept,composition,scope and implementation mode of false litigation of private lending,and make it clear that false litigation of private lending is the behavior of the parties to achieve illegal purposes by means of unilateral forgery or conspiracy in the field of financing.Combined with the effective judgment documents,this paper analyzes the behavioral characteristics of false litigation of private lending,such as complex false situations and contradictory statements of facts,and summarizes the reasons behind the infringement purpose and consequences of the parties’ abuse of litigation right to file false litigation,so as to provide practical and theoretical basis for effectively identifying the conduct of false litigation of private lending.Judicial practice is the key to find the problem of false litigation of private lending.After in-depth study of the selected judgment documents,it is found that judges are prone to induce false mediation,low intensity of civil sanctions,non-standard application of judgment certification standards and other problems in the trial of false litigation of private lending.It is analyzed that false litigation of private lending has been banned repeatedly,which roughly includes alienation of mediation concept,imperfect supervision system,cumbersome sanctions procedures,the difficulties in the application of evidence rules lay the foundation for regulating the false litigation of private lending.To solve the problem of false litigation of private lending,we should start from the causes and put forward targeted disciplinary measures and improvement ways.The false litigation of private lending involves legislation,judicature and other fields.We should improve the litigation mediation mechanism at the level of civil legislation,clarify the proof standard of false litigation cases,and establish a detailed judicial responsibility investigation system;From the perspective of judicial practice,strengthen the examination of evidence,improve the cooperation between pro-curatorial supervision and judicial organs,form an identification and regulation system for punishing false litigation cases of private lending,and maintain judicial dignity.