Research On Judicial Application Of False Litigation In Private Lending Based On Effective Judgment

The false litigation of private lending is another prominent Judicial Dilemma with the prosperity of China’s economy and the development of finance.Under the background of the rapid increase in the number of civil cases tried by the people’s courts in China,the proportion of the number of cases received by private lending false litigation cases has increased year by year because of its relatively simple legal relationship,low cost of forging evidence and complex human relations,which has attracted great attention from the judicial circles.Based on the summary and analysis of the effective judgments of 116 sample cases related to private lending false litigation from 2015 to 2021,it is found that the dispute focus of private lending false litigation in judicial practice mainly focuses on whether unilateral fraud belongs to civil false litigation,the effectiveness of false admission,and whether private lending false litigation is applicable to punitive compensation system.Firstly,in view of whether unilateral fraud belongs to civil false litigation,we should define the scope of false litigation,clarify the constituent elements of civil false litigation,and then analyze the sample cases,and finally come to the conclusion that unilateral fraud belongs to civil false litigation.Secondly,on the issue of the effectiveness of false admission,although there is no explicit provision on the effectiveness of false admission in legislation,and the theoretical circles also hold two views on it: the affirmation of effectiveness and the negation of effectiveness,but because it is closely related to the admission system,the legal regulation of the admission system can reflect the attitude of China’s law towards false admission.Therefore,starting from the attitude of legislation and the point of view of theoretical circles,this paper analyzes the effectiveness of false admission,and holds that in principle,the effectiveness of false admission should be denied,with exceptions.Finally,for the problem of whether the punitive compensation system is applicable to the false litigation of private lending,we can start from the harm of the false litigation of private lending,analyze the connotation and applicable conditions of the punitive compensation system,and finally come to the conclusion that the punitive compensation system is applicable to the false litigation of private lending.