An Investigation Report On Some Focus Issues In The Trial Of Folk Loan Cases

In recent years, private lending issues have been increasingly blooming. As a result, great credit funds are provided for both small and medium-sized enterprises and ordinary residents. However, the negative effect of the private lending is quite apparent. In Baotou and Erodes in the Inner Mongolia Autonomous Region, Borrowers facing financial chain fracture threat choose to run away or commit suicide, which triggers a great collective panic. Therefore large numbers of private lending cases are put into people’s court, and the Explosive growth of this kind of cases puts more pressure on judicial authority.Private Lending issues have been stipulated in Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Private Lending Cases, promulgated in 2015.This paper, based on lots of investigates and surveys in people’s court in Baotou City and combined with Theoretical results and trial practice, focus on thinking deeply the private lending issues, and putting forwards corresponding suggestions to solve the practical problems. The paper consists of three parts:abstract, body and conclusion. Body is put into five parts; specific contents are as follows.Part one is an introduction to the concept of private lending. This part defines the connotation and legal concept, and introduces the constitute elements, including subject content and object. It lays solid foundation for the following parts.Part two concentrates on the confusing problems in analyzing and discerning the characters of private lending cases. The part compromises four aspects, including identification of the voucher of clearings like debt on bond, situations of reservation of ownership, mendacious transaction and Virtual repurchase as well as mixture of private lending and housing ownership transfer.Part three is an analysis of false lawsuits at present time. Thinking from different sorts of cases, the part concentrates on making system study for the pattern of manifestation, feature analysis and identification problem of private lending cases.Part four comes up with the judicial suggestions to the private lending cases. Methods are given to solve the cases. Specifically speaking, these methods include grasping the validity of contract and nature of contract, allocating the burden of proof reasonably, identifying facts, strengthening evidence review, and fighting against false litigation. Meanwhile, the part also proposes methods by exerting active judicial function.