The Resrarch On The Law Of Private Lending In The Perspective Of Judical Pratice

In the key period of the improvement of the socialist market economy system with Chinese characteristics and the economic development of our country is facing the old and new power transformation.Public entrepreneurship and innovation has become the new engine of economic development in China. Under this historical backgrounds,Private lending with its own flexibility, diversity, to a certain extent, solving the contradiction between the financing of small and medium enterprises, broadening the channels of private capital investment, and providing the new support for economic development.But with the rapid development of private lending is relatively backward and imperfect, which leads to the inevitable negative impact of private lending, and leads to rapid growth of the people’s court accepted the number of private lending.In view of this,this article will be based on the perspective of judicial practice,starting from the legal definition of private lending,then discuss allocation of the burden of proof in the trial of private lending. At last,the author puts forward the recognition and regulation strategy in the case of the phenomenon of false lawsuit of the private lending cases, so as to benefit the judicial practice.Research on the legal problem of private lending, we must to difine the concept of private lending.The private lending, refers to the enterprise, between individuals, between individuals and enterprises of the occurrence of funds lending behavior.At the same time, the folk lending is different from the usury, "the card", etc., which can be accurately distinguished. It is helpful for further understanding and understanding of the meaning of private lending.At presenthe,with the continuous changes in the stock market, in the real estate market,in the energy market and the low interest rate of bank deposits, the private lending market is unprecedented prosperous.But at the same time, in the judicial practice, the private lending disputes are also increasing.How to deal with the disputes of private lending in a timely and accurate manner has become an important issue to be solved.In the judicial practice, the people’s court to hear such cases, the first is to face the burden of proof allocation problem.In particular.This paper argues that in the different stages of the case, it should be according to the legal requirements of the facts, the reasonable allocation of the burden of proof and the borrower’s burden of proof.In addition, the civil main body of the folk lending activity has the characteristics of dispersion and concealment, and the private lending in the financial supervision and the national macro control, which leads to the easy to become illegal and criminal acts of the gathering area, private lending cases have become the first choice for the behavior of false litigation.Therefore, this paper believes that in the trial practice, we should first recognize the false litigation, and from the three aspects of financial supervision, legislative perfection and judicial practice.