Identification And Regulation Of Private Lending False Litigation

Along with the deepening of economic reform and the development of market economy,private lending cases has become a field emerged with false litigation. Typed analysis of falselitigation meets the demand of the reality of judicial practice. Although the "Civil ProcedureLaw" was amended in2012, which have introduced the problem of false litigation,but theprovisions are too simple, and lack of relevant detailed regulations and judicial interpretations.The ambiguousness of law and the concealment of the private lending false litigation leadsmany problems, such as how to identify, avoid and regulate private lending false lawsuits injudicial practice.Based on the above backgoud, the paper defines the concept of private lending falselitigation, and put forward the identification methods of private lending false litigation.Combining the case type and the causes of private lending false action, the author try to putforward practical system construction and improvement measures to regulate the privatelending false litigation.This paper is thirty thousand words around, and divided into five parts:The first part is the analysis of the concept of private lending false litigation. In this part,the author defines the concept of private lending false litigation, and distinguish the similarconcepts, such as malicious litigation, litigation fraud., so as to set the tone for the paper.The second part is the identification of private lending false litigation. The features ofprivate lending false litigation are concealment, the fuzziness of fund sources. Distinguish thecharacteristics of private lending false litigation is an important recognition method. Inaddition, as the identification method, the necessary requirements of private lending falselitigation is also indispensable, which includs the subjective and objective elements, andobject.The third part is the introduction of case types of private lending false litigation. Theauthor starts from different cases in judicial practice, to take the subjective purpose of thedoers, the nature of benefits, the degree of the false as the standard respectively, analyzes the type of private lending false litigation.The fourth part is the cause of private lending false litigation. From the perspective ofsubstantive law, the reasons are reflecs as the lack of tort imputation and criminal legalliability, and the absence of the supervision mechanism of private lending. From theperspective of procedural law, the reasons are reflecs as the limitation of litigation structure,the alienation of mediation system and the influence of evidence system. The above reasonsall result in the lower cost of lawbreaking, which leads the doers more willing to risk to obtainillegal interests.The fifth part puts forward the methods to regulate private lending false litigation, whichincludes the way to strengthen financial regulation of private lending, found tort damagessystem of false litigation, establish civil false litigation crime and complete the revocation bythe third person to increase the cost of illegalness. Besides, the author suggests to strengthenthe judge authority and provides concrete measures of regulating private lending falselitigation.