Study Of Regulating Sham Litigation Concerning Private Lending

In recent years,an increasing number of sham litigation came into existence in the cases of private lending,which has become a judicial issue of much attention.Some lawbreakers make use of the features of private lending,such as simple legal relationship and easy falsification of evidence,and undertake sham litigation concerning private lending so as to evade debt or seek illegal interests,which severely jeopardizes social honesty,judicial order and legal authority as well.Taking the current legislation and judicial practice for regulating the sham litigations concerning private lending into consideration,the author holds that there are typical problems existing in our country at present stage.To be concrete,the bona fide doctrine is difficult to be implemented.In addition,the difficulty of identifying the sham litigation concerning private lending and the difficulty of investigating and verifying evidence are very common in practice.Apart from the problems above,the criteria for proving the sham litigation are very high and the remedy for the rights of the person other than involved in the case is difficult to obtain.Therefore,as to legislation,the author suggests that the bona fide doctrine should be specified;the criteria for reviewing the evidence of private lending should be improved;the rules for determining the sham litigation concerning private lending should be issued;the criteria for proving the sham litigation should be optimized;the special procedures of investigation should be established and the remedy for the rights of the victim should be improved.As to judicial practice,the early-warning mechanism for placing a case on file concerning private lending should be set up and the reasonable utilization of the doctrine of function and power should be undertaken for investigating and obtaining evidence.As to the social comprehensive prevention and cure,the information sharing mechanism for preventing sham litigation and the system of listing the defaulters for sham litigation should be established so as to realize the comprehensive control of sham litigation concerning private lending.