Study On The Problems Of Private Lending Creditor Litigation

Private lending is an important part of our economic and financial system. With the increasingly active private lending and business activity in recent years, the debtors who run away intensified.Private lending creditor protection has become an important focus of attention of the creditor, the creditor litigation in the protection and realization of private lending process more commonly used credit rights the way.Private lending claims litigation is an important part of civil proceedings. With the continuous development of society and the economy, private lending disputes accounted for the proportion of civil and commercial cases also increased every year.Especially the 2013 Supreme People’s Court announced the establishment of a list of bad credit debtor related systems since private lending disputes the number of cases is showing leapfrog growth. At present, China does not have special legislation to regulate private lending. Adjustment and norms related to legal provisions scattered in private lending relevant judicial interpretation "Civil Law", "security law", "Contract Law" and other laws, as well as the Supreme People’s Procuratorate, Ministry of Public Security promulgated.In force since September 1, 2015 "s Court on Several Issues of private lending cases applicable laws," it provides a relatively uniform standard and basis for private lending case findings of fact and referees. Thus, the type of private lending litigation claims and litigation that may arise during the risks and problems are the main target of this paper is to study.In order to facilitate the study of issues related to private lending creditor litigation, we use empirical research methods and types of analysis are combined. Based on the analysis of cases of private lending and credit risk issues before complaints and proceedings that exist on the proposed corresponding solutions and suggestions to resolve the problem and avoid the associated risks. Text is divided into four sections, organized as follows:The first part of private lending and borrowing claims people were basically determined, and defines and analyzes the main elements of the litigants, the subject of litigation, litigation jurisdiction, lawsuit claims litigation and other private lending.The second part of the combination of specific cases of private lending claims proceedings type analysis, investigate payment of the complaint, confirmed the complaint and related issues of the complaint in the form.The third part analyzes the risks of private lending credit for pre-trial that is recurring, such as credit risk of fraud, loan interest rate risk, as well as the implementation of notarial certificates risks. On this basis, further expand lending by civil claims before litigation risk aversion mode.The fourth part in the foundation to analyze the main problems of private lending lawsuit claims that exist in the implementation process, on how to resolve issues related to proposed recommendations accordingly.