Research On Several Legal Issues In The Case To Private Lending

Private lending initially occurred in some developed areas along the southeast coast, With the rapid development of the economy of the west, the north some underdeveloped regions gradual emergence of private lending, and this momentum is growing, and in some areas even more than some developed areas, the Ordosis a typical example. Private lending has a positive side of the development of the region has a relatively negative. Private lending to revitalize the local capital, to speed up the flow of local funds, which can effectively promote the prosperity of the local economy, which is the positive side of it; hidden due to private lending behavior generally occurs between natural persons, only the parties to this known, relevant departments can not regulatory, and our private lending behavior, there is no special law which makes the management of various areas of private lending behavior is a bit confusing, which brought to the regional instability factors, should pay close attention.Folk loan is a spontaneous folk financing activities, for the folk capital, improve the civil capital circulation, promote local economic development has played a certain positive role. Bring unstable factors, should be attention. This paper is divided into three parts. The first part summarized and the characteristics of Yijinhuoluo that accepted by the people’s court folk lending case. The second part introduces the folk debit and credit relationship is established and interest in the identification of some special problems. The third part describes some special provisions relating to guarantee private lending process. The fourth section describes the burden of proof in civil cases assigned lending and evidence identified some problems. Borrowing involves the vital interests of the people, some trial and the implementation difficult, bring unstable factors to the regional security and social stability, should be attention. The main characteristics and the reason analysis of Erdos City, Yijinhuoluo people’s court recently accepted the folk loan disputes, clarify the folk loan disputes in the process of hearing difficulties, no written agreement of the borrowing relationship identification, the loan contract guarantee in terms of implementation, interest identification and so on, put forward countermeasures and suggestions, in order to provide a reference for the decision and judicial practice.