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Chapter 593 False Private Loans
"If the lender obviously does not have the ability to lend, the court will have reasonable doubts about whether it lends money. Of course, considering the particularity of private lending, there may also be the fact that some lenders borrow from their relatives and friends and then lend out , so the lender should be allowed to provide further evidence to prove that it has the ability to lend.

[-]. The facts and reasons based on which the lender sued were clearly unreasonable.

The facts of the case in judicial practice are not the reproduction of objective facts, but the reconstruction of the facts of the case by legal persons on the basis of the evidence they have obtained, according to legal provisions and common sense of life.

In this process, common sense such as daily life experience plays an important role.Regardless of whether it is a judge or a lawyer, when they determine the facts, they do not spread out the facts of the case little by little in chronological order, but use evidence as the basis to verify whether a certain factual assumption is tenable and whether there will be logic before and after Contradictions, whether a consistent chain of evidence can be constructed.

In the process of verifying the above facts, common sense plays an extremely important screening role. If a factual hypothesis wants to stand the test, it must first follow common sense and conform to the daily life experience of most people.

Of course, in terms of the facts and reasons on which the parties sued, the people's courts review the evidence provided by the parties based on common sense. How to examine and make judgments requires specific judges to make comprehensive determinations based on specific case conditions to form Evidence.

[-]. The lender cannot submit the certificate of creditor's right or the certificate of creditor's right submitted may be forged.

For private lending disputes, the lender should provide preliminary evidence (creditor's rights certificate) to support its claim when suing.If the lender fails to submit the certificate of creditor's rights, it will often give the judges the superficial impression of a false lawsuit.

In addition, the evidence of false litigation is generally documentary evidence. In order to achieve their own illegal purposes, the documentary evidence prepared by the false litigator fully complies with the statutory requirements, and the defendant has no objection; but even so, if the judge finds that the documentary evidence is If there is a possibility of falsification, even if both parties have no objection to the evidence, there will be reasonable doubts that the lawsuit is a false one.

[-]. Both parties have participated in private lending litigation several times within a certain period of time.

The start of the procedure of a false private lending lawsuit usually occurs when another case in which one party to the false lawsuit is the defendant has entered the litigation procedure or execution procedure, but the property has not been disposed of. "

Of course, in practice, there are also some false litigation cases that enter the litigation procedure or enforcement procedure earlier than other cases, and this kind of false litigation is more concealed and difficult to identify.

Therefore, as far as private lending disputes are concerned, if a party participates in private lending lawsuits several times within a certain period of time, the judge may have reasonable doubts that the litigant is a false lawsuit.

[-]. One or both parties concerned does not attend court to participate in the litigation without justifiable reasons, and the entrusted agent makes unclear statements about the loan facts or the statements are inconsistent.

As far as private loan litigation is concerned, the parties often appear in court to participate in the litigation based on their concern for their interests.In false litigation cases, in order to avoid revealing flaws, the rate of parties attending court is low, and most of them entrust attorneys ad litem to participate in litigation alone, which creates obstacles for the court to find out the facts of the case.Therefore, if the above situation occurs, ordinary judges will doubt whether the loan relationship has really occurred.

[-]. There is no dispute or plea between the parties regarding the occurrence of the loan fact that is obviously unreasonable.

Generally speaking, the litigation process of false private lending is collusive and non-adversarial.During the trial, there is generally no substantive confrontation between the parties.

Just like the verdict provided by Mr. Peng, the plaintiff agrees with what the defendant says, without any defense.There is an obvious possibility of false litigation, and the judge should have doubts about this case at this time.

In addition, both parties to false lawsuits, on the one hand, try to avoid the judge's examination of the facts of the case, and on the other hand, hope to achieve their litigation goals as soon as possible.Therefore, if the litigation confrontation between the parties does not conform to common sense, and the parties are willing to settle the case through mediation, there is a high possibility of false litigation.

[-]. The spouse or partner of the borrower, or other creditors who are not involved in the case raise objections with factual basis.

False lawsuits are often aimed at harming the interests of other rights holders, so the impact on the interests of others is obvious, and other people are most concerned about the results of such lawsuits.Just like Mr. Peng's case, the other party obviously didn't want Mr. Peng's company to execute the payment.

In false private loan litigation, the parties often intend to reduce one party's liability property through collusion, so as to achieve the purpose of harming the interests of other creditors who are not involved in the case.

As far as this is concerned, if the other creditors of the party outside the case object to this lawsuit, it will generally attract enough attention from the judge.Therefore, as long as the creditor who is not involved in the case raises an objection to the litigation between the parties, the adjudicator should comprehensively judge whether there is a possibility of false litigation in combination with other facts of the case.

Of course, in Mr. Peng's case, the other party has already obtained the verdict and cannot raise objections during the trial.

[-]. The parties have transferred property at a low price in other disputes.

This is easy to understand. In a market economy, the parties often adopt a relatively fair transaction method based on their own interests.

Therefore, if a party transfers property at a low price during a dispute, it often does not conform to the rules of market transactions.During the trial of the case, the judge will adopt a completely objective determination method without considering whether the parties have reasonable reasons for the low-price transfer.That is to say, as long as the parties transfer property at a low price in other disputes, the judge should pay enough attention to it, and on this basis, comprehensively judge whether it constitutes a false lawsuit.

Therefore, if the people's court finds after review that the parties have traded at a price lower than the market price or 70.00% of the transaction guide price in other cases, it will consider the parties to be suspected of false litigation.

[-]. The parties improperly waive their rights.

In the process of litigation, whether the parties give up their substantive rights or waive their procedural rights, it is a way of exercising their own rights, which is often allowed by the law.

As far as the judgment of the false private lending lawsuit is concerned, the party's improper waiver of its rights may cause damage to the rights of others, and the judge has legitimate reasons to suspect that it is a false lawsuit.

As for the judgment of injustice, the possible damage to the rights of others should be taken as the essential judgment element.

[-]. Other situations

This article is relatively empty, and the scope can be large or small. It mainly refers to other situations that constitute false private lending lawsuits judged by judges based on judicial practice. " Wang Chuan explained.

(End of this chapter)