Research Report On The Question Of Legal Application Of Cases Involving Civil Lending Dispute

With the development of market economy in our country, the market of private lendinghas been expanding. In recent years, a large number of non-governmental capital been inputinto the market of private lending. On the one hand, it makes a contribution to the dynamicmarket economy, and facilitation for people’s living. However, on the other hand, due to thelack of effective supervision of private lending market, it stimulates a surge of debit disputes.How to standardize the financial order and defuse financial risks, has become a social matterthat there is an urgent need to study. When the Court in the trial of civil dispute casesinvolving loans, also face a number of challenges.How to properly apply the law, has becomea court needs to explore issues. This research report studies Chongqing region’s cases, collectand analysis the cases and the data of court that disposed of before it. We combed theproblems that may be present in it, and we try to explore possible approaches, combined withthe cases related in Chongqing, and at the end of this paper, we made a several referencepoints and recommendations.Apart from the exordium and conclusion, in this article, is divided into three parts.The exordium outlines the existing research of the private lending market, this researchreport including the purpose of research, the research ways, and the general information aboutthe research, and set out several problems of this report.The first part defines the concept, analyzes the characteristics, elements. Andcombination charts and data, we sorting out of court in the trial of civil dispute casesinvolving loan basic information. Then we finds that complexities of the case, and hearingdifficulty.The second part analyzes the debit dispute exists in the case of application of law.Specific case studies and data, and it draw conclusions that there have been a large number ofproblems in court case. At the same time, we collect the Judges and scholars’ different viewsabout those problems.The third part expatiates the legislations and regulations, and analyzes the reasonablenessof the Judges and scholars’ views, and makes recommendations about how to properly applythe law in private lending cases, in order to solute it more reasonable.In the conclusion, the paper submits that if we want to solute the problems, we must build a sound legal system of private lending market, and regulates financial activities.