On The Identification Of False Litigation In Private Loan Litigation

In recent years,civil false litigation has appeared frequently in China,and private lending cases have become the type with the largest number of civil false litigation cases,and the high incidence of private lending false litigation has seriously disrupted the order of litigation,damaged the social creditworthiness system,and had a negative impact on the country’s economic interests,the market mechanism of fair competition and the legitimate rights and interests of outsiders.Although relevant laws,judicial interpretations and local guiding documents have been promulgated one after another,most of their content focuses on the regulation of false litigation,and insufficient attention is paid to the identification of false litigation.Therefore,it is urgent to build an institutionalized system identification mechanism for false litigation of private lending.To construct an institutionalized system identification mechanism for false litigation of private lending,it can start from the litigation stage and construct it in segments based on the case filing,trial and post-judgment stages of civil litigation,so as to achieve full coverage of the litigation process of false litigation identification.In the acceptance stage,increase the intensity of prior review of private lending false litigation cases,establish a case information sharing mechanism,and give play to the early warning role of suspicious cases,which can also pave the way for further identification in the trial stage;At the same time,improve the regulatory measures for false litigation to deter potential false litigation perpetrators and prevent the occurrence of false litigation from the source.In the trial stage,full-time judges are set up,and a special team of judges undertakes the task of identifying false private lending lawsuits,and during the trial process,it is necessary to focus on reviewing the content of the parties’ mediation and self-admission,ascertaining the facts of lending,and accurately identifying false lawsuits;At the same time,clarify the standard of proof for false private lending lawsuits,and unify the determination of private lending false lawsuits by local courts;In addition,it is necessary to introduce a system to prevent participation in fraud by outsiders,so that outsiders can participate in litigation in a timely manner,and help judges find out the facts of lending and identify false litigation.In the post-judgment stage,allow relevant outsiders to seek relief from the procuratorial organs,broaden the channels for initiating procuratorial supervision,increase procuratorial supervision of mediation content,make full use of a variety of investigation and verification methods,and strengthen the procuratorial organs’ civil procuratorial supervision;Improve the third-party revocation litigation system,starting with appropriately lowering the threshold for starting the system and the party’s burden of proof,unblock the remedy channels for third parties outside the case,and give full play to the function of the third-party revocation litigation system in identifying and remedying false litigation.