Inquiry Into Common Legal Issues In Private Lending Cases

In modern social and economic activities,private lending is a relatively common financing method,and its development momentum has been comparable to that of society and development in recent years.However,the construction of a rule-of-law society in my country is still in the early stage of development,and the relevant legal system is objectively insufficient.And imperfections,coupled with the relatively weak awareness of social integrity,lead to the frequent occurrence of false lawsuits in private lending activities.False lawsuits against private lending have had a very obvious adverse impact on the social and economic order and people’s life order.False lawsuits and lawsuits that occur in private lending activities are illegal acts of abusing the right to litigate.The obvious features of this type of behavior are malicious collusion between the parties to the lawsuit,forging evidence,and fabricating false claims and claims against each other.debt.On the basis of the above-mentioned illegal acts,the lawsuit filed a civil lawsuit with the court,the purpose is to obtain the wrong judgment result of the court,to provide help for the illegal party,to fight against other valid debt discretion that should be performed,and then to seek illegal property and economic benefits.Or provide a legitimate rights basis for infringing on third parties and third-party organizations or national interests.If this kind of behavior is not effectively punished and stopped,it will inevitably cause serious damage to the authority and impartiality established by the judiciary in the whole society,and it will also be a great waste of the limited judicial resources of our society,and will greatly harm the rights holders.’s rights.Based on the above analysis and discussion,this paper first gives a brief overview of the research background,research purpose,and research purpose of the private lending false litigation problem,expounds the theoretical and practical significance of this research work,and introduces the research methods used in this research work.The academic research results on private lending and false litigation,and the research status of domestic and foreign scholars are reviewed and analyzed.The second part summarizes and sorts out the basic theory of private lending false litigation,including the concept and characteristics of private lending false litigation,and focuses on the identification of private lending false litigation based on the characteristics and constituent elements,and focuses on the saving of judicial resources,the maintenance of judicial credibility,and the legality of others.The protection of rights and interests and the adherence to the value of legal order analyze the necessity of legal regulation of private lending false litigation from four perspectives.At the same time,it analyzes the legal basis of the legal regulation of private lending false litigation and the legal principle of regulating private lending false litigation.In the fourth part,suggestions are proposed by this paper to improve the legal regulation of false litigation in private lending from both civil law and criminal law perspectives.From the perspective of civil law,the suggestions include improving the legal procedures of the civil filing court,strengthening review to ensure fairness and legality,increasing penalties and applying different compulsory measures to impede civil litigation,and upgrading and improving the substantive regulation system to protect the legitimate rights and interests of the public and achieve the goal of regulating false litigation in private lending legally.From the perspective of criminal law,the suggestions proposed by this paper focus on refining the scope of application for the crime of false litigation in criminal law and providing supporting institutional guarantees to strengthen the regulation of false litigation in private lending by criminal law.This paper hopes to explore the solution to the problem of false litigation of private lending in my country from the perspective of legal regulation,and then play a positive role in the construction of a stable society and the legal system of private lending in a socialist harmonious society.