| At present,the lack of the concept of personal integrity and the lack of detailed laws and regulations lead to multiple false litigation cases in the field of civil trial,in which the field of private lending is the most serious disaster area.The type analysis of the false litigation cases of private lending is to respond to the practical needs of judicial practice.In the context of judicial reform,the current registration system,judicial responsibility system and case assessment system lead many judges to lack the courage to judge such cases.At the same time,the characteristics of the false private lending litigation,which is difficult to distinguish,prevent and punish,also provide an opportunity for it to succeed,which makes it possible to identify,prevent and regulate the false private lending in court trial practice False litigation has become a problem.Based on this,based on the collection of a large number of judicial cases,this paper classifies the cases,analyzes the false litigation behavior model of the typical cases of private lending disputes(Li vs.Zhang vs.Wu,for example),sorts out the components of the false litigation of private lending,and combines with the trial practice,analyzes the false litigation of private lending This paper analyzes the types and existing procedures of the litigation,and sums up the difficulties in the trial of the civil lending false litigation from the perspective of the trial,in order to put forward feasible suggestions on the prevention and regulation of the civil lending false litigation from the perspective of both inside and outside the case in judicial practice,so that the courts at all levels can improve their awareness of the prevention of the civil lending false litigation in the process of trial We will crack down on the occurrence of false private lending lawsuits.This paper is divided into three parts: introduction,body and conclusion,about22000 words.The text is divided into three parts,as follows:The first part is the analysis of the false action of private lending.In this part,taking the case of Li v.Zhang and Wu as an example,through the model analysis of the actor’s pre-trial behavior,the original trial behavior and the retrial behavior structure in the typical cases,the paper analyzes the components of the civil lending false litigation more intuitively,and solves what is the civil lending false litigation.The second part is based on the empirical analysis of the false litigation ofprivate lending.Combined with the cases collected in practice,this paper enumerates six specific cases to analyze the types and procedures involved in the false litigation of private lending,and summarizes the difficulties in the trial of the false litigation of private lending,so as to find the corresponding solution mechanism.The third part is the prevention and regulation of the false action of private lending.Based on the perspective of the court and the practical combination with the trial,this paper puts forward six suggestions from two perspectives,including inside and outside the case.From the perspective of the filing court,it puts forward the prevention plan and creates a six step early warning and analysis mechanism for the false litigation of private lending.It points out that the judge should comprehensively identify the facts of the case in three levels and accurately crack down on the false litigation of private lending. |