The Burden Of Proof Analysis Private Lending Disputes

Private lending dispute is one of the most ancient and traditional civil disputes. In ordinary traditional simple justice idea, though, kill people want is a simple truth. But today’s private lending disputes contained huge benefits and risks, already is not only a traditional though. Thanks to the lure of the legal system of repression and huge profits, private lending gradually formed a set of trading methods to evade laws and conceal the truth. Once a dispute into court, how to find out the facts, when in fact is not clear how to make the most reasonable of the referee, became a folk lending lawsuit afflicting the judge’s biggest problem. And the fundamental value of the distribution of burden of proof and its specification, is when the case facts apocryphal for the judge to provide the basis of the referee. But because our country rules of distribution of evidential burden is too principle, resulted in the different understanding of the judge, causing the phenomenon of different connection with the given frequently, but also fuelling speculation, harm the judicial authority. Can in private lending disputes on common justification form a unified understanding of distribution of evidential burden, to ensure the consistency and predictability of court, try our best to close to the truth, reduce speculation and transfer of the parties to the court? In this paper, first the related research of folk lending the burden of proof has carried on the literature analysis, using the empirical analysis from the typical case abstract of proof system is suitable for the specific folk lending disputes of confusion; Typed induction, finally will distinguish between types of informal lending disputes, and put forward concrete Suggestions of distribution of evidential burden, to help judge the folk lending disputes.Innovation point of this paper is to classify the folk lending for consumer loans and commercial lending, the folk lending dispute is one of the more common justification, the defendant under the two types of borrowing puts forward concrete Suggestions of distribution of evidential burden. Based on this the paper has carried out demonstration from four parts:The first part of introduction first of all through the communication with the judge is proposed in this paper, the research object, and the study of the folk lending the burden of proof of the folk lending disputes to comb, find the starting point of this article.The second part of Anglo-American law system and continental law system and the burden of proof allocation system in our country are analyzed and compared, the burden of proof allocation for informal lending dispute seek legal basis.The third part through the case analysis on distribution of burden of proof system in the concrete application of the folk lending dispute has carried on the analysis and reflection, find out the shortcomings of current proof system.The fourth part through the analysis of the argument finally, according to the specific type of informal lending microscopic distribution of burden of proof is the perfect Suggestions are put forward.