A Study On The Legitimacy Of Non - Governmental Loan Debt

Private lending as part of broad financial channels， not only in the field of privatefinancing plays an important key， and even has to a certain extent on the macroeconomicimpact. With the process of the financial markets， private lending is graduallyself-improvement， and legal regulation is clearly in the process of its self-improvementmost critical part.Combined with the author in practice for the trial of the case of private lendingexperience， this paper summarizes the cases of two prominent private lending difficultproblems， one for the case of high interest private lending awareness and identify issues;Second case for the private lending jointly recognize and identify the problems of debt. Byreading a lot of similar cases and related literature， I try to analyze the above issues， andrefine their own independent views.In the first part of the thesis high interest issues identified in the analysis， from the "four times the rate" limit for the parties to form rational expectations， combining " theborrower has to pay high interest rates can be set off against the loan principal，"" theinterest could have been settled through a separate interest-bearing loan principal，"" in thecase of private lending， how to correctly apply the "Civil Law " provisions of Article253，"the three major practical problems for analysis. Analysis of the basic principles of civil lawfrom the start， through the comparison of different perspectives， weigh the pros and constherebetween and form conclusions. Finally， specific problems extended to the voluntaryprinciples and fairness conflict value choice questions on the theoretical depth of somedeepened.The second part of the thesis jointly debt issues identified in the analysis， bycomparing the existing laws and relevant judicial interpretations of the provisions， andfound the existence of two different couples identify common ideas of debt，and from theperspective of legal interest protected analyzed trying to private lending in different subjectsof legal interest starting on different legal interests conflict between the contact startdiscussion， combined with the burden of proof allocation problem， the abstract issues concrete， final attempt to summarize private lending cases husband and wife co-signed debtthat standard.This paper discusses two major issues， but private lending disputes in judicial practicemany problems faced by the more prominent part. Many seemingly simple case of legalvalue but contains a lot of trade-offs， perhaps in different market environments and judicialenvironment， we will look into the different answers. However， we consider the issue ofnational conditions， is the most pragmatic approach.