Private Lending Dispute Case Difficulties And Countermeasures Research

As the second type of disputes in civil cases,private lending has more difficulties to be solved urgently in practice.In the case of borrowing or payment vouchers,the facts of civil litigation are recognized,and the time limit for calculation of overdue interest,other costs and the determination of the cross-cutting in the entities and procedures and other issues of concern.Judicial practice,the identification of facts has been the lack of a relatively unified approach to the review and evidence distribution standards,coupled with the subjective understanding of the judge differences,resulting in similar cases of private lending is difficult to get similar treatment,practical treatment of chaos.Therefore,it is necessary to clarify the idea of judicial review by more specific and definite rules of distribution and change of burden of proof and standardize the direction and approach of fact-finding through more refined guidelines.Interest issues has been the focus of civil loans and difficulties in August 2015,"the Supreme People's Court on the trial of private lending law applicable to a number of issues" promulgated,with great length on the issue of private lending interest,clarified a lot of practice But it has not stipulated the starting and ending time of calculating the overdue interest.In practice,it is necessary to deal with various forms and problems,which need to be clarified urgently.Interdisciplinary punishment is an old but old timeless legal topic,but also a diverse but unresolved research topic.The existence of the intercourse between the people and the people has some important theoretical and practical problems,especially the behavior of the perpetrator constitutes a crime,the behavior of civil contracts related to the effectiveness of how to identify? The behavior of the person constitutes a crime,the right person can directly bring a civil action without resorting to criminal proceedings to obtain relief? In general,the context of civil penalties caused by the recognition of the validity of civil contracts is vague,the choice of the mode of cross-litigation is uncertain,and the inter-entity and procedural problems in these two penalties cause great difficulties in academia and practice.Based on the current situation of non-governmental borrowing and borrowing the relevant legislation,this paper applies the theory of civil law,the theory of civil action and the rule of evidence,as well as the use of the empirical evidence of civil litigation.Analysis,and put forward the corresponding solutions to achieve the purpose of resolving practical disputes.This paper consists of three parts.The first part is the status and reasons of private lending.This paper summarizes the current situation of the civil dispute cases in Bijie City,including the increasing number of cases of private lending disputes,the diversification of the main cases of civil lending disputes,the phenomenon of multiple cases and the non-standard behavior of non-governmental lending.At the same time,this paper analyzes the reasons of the present situation in combination with the economic development of the city,which lays the foundation for the following discussion.The second part is the empirical analysis of the difficulty of private lending.This part makes a comparative analysis of the cases involved in the difficult problems of folk loans in Bijie Prefecture and sums up the thinking of dealing with similar cases in various courts and brings out the differences or difficulties in handling the problems in practice.The part is divided into four small points,the first small point is the fact that private lending "solitary card," the problem of identification,through case study,the analysis of the practice of the courts in the case of loan-loan relationship,borrowing facts and ideas Of the problem for the following discussion paves the way.The second point is through the case analysis of private lending overdue interest handling,including the calculation of overdue interest from the beginning and ending time to determine and other charges that.I found through the case study,the calculation of overdue interest in practice to determine the time varied,there will be overdue interest calculated to borrow the date of repayment,and some overdue interest calculated to the date of the prosecution,there will be overdue interest termination time Determined to fulfill the date of the expiry of the same district court in dealing with the obvious differences need to be clear.The third point is the civil and criminal penalties in the cross-dealing.In the form of case study,the article draws out the problems in the process of dealing with the entity and the problems in the process of the intercrossing of civil and criminal punishment,that is,how to determine the behavioral effect when the perpetrator is suspected of committing crimes and the choice of the mode of action.The third part is the countermeasure research on the difficulty of private loan.This is the core of the article,mainly based on the difficulties listed above as the basis,the corresponding legal analysis,put forward reasonable solutions.The author points out that in the process of judging the facts of "solitary evidence",the judge should combine the "subjective theory" and "objective theory",that is,under the premise of fully proving the power of proof and proof,the fact that the legal relationship between the parties occurred in the past to infer.When the facts into the state of uncertainty,through the distribution and transfer of the burden of proof,that the facts of the case and make judgments.The reason why the date of the prosecution is the termination date is that the court can only recognize and decide the facts which have already occurred and cannot predict the facts which will happen in the future.At the same time,the period from the date of overdue to the date of the indictment is a definite period of immutability which will facilitate the plaintiff to file a specific overdue interest request in accordance with the specific and specific requirements of the suit.The determination of the validity of the contract should be carried out on the basis of distinguishing different crimes.The main crimes involved in private lending are the crime of illegally absorbing public deposits and the crime of raising funds.The crime of illegally absorbing deposits from the public is the result of a number of private lending after the superposition of quantitative change to qualitative change,a single private borrowing is the intention of the two sides under the same behavior,there is no invalid case,should be validated that the loan contract;Sin is a violation of national market access system behavior,the perpetrator is a violation of the provisions of administrative coercion,not the "Contract Law" 52 provisions of the invalid.The construction of the procedure of intercrossing civil penalty should be based on the type of the case of civil and criminal intercourse,choose one of them to evaluate and deal with the case which is caused by the same legal fact and can only belong to civil legal relationship or criminal legal relationship;By the same legal fact can cause civil legal relations and criminal legal relationship,according to the nature of the case to apply criminal incidental civil action;and for different legal facts caused by the inter-criminality cases of civil penalties and the main mode,and the first criminal after the people,The ancients after the criminal as a supplement.