Study On Legal Application Of Private Lending Dispute Cases

In recent years,the rapid development of private lending,the scale continues to expand,in the majority of the grassroots people's court accepted the case in the case of private lending has risen to the top of the private lending is the realistic demand of explosive growth is rooted in the folk financing market to a certain extent,it solves the difficulties of living in urgent need of money and small and medium-sized enterprises in production and operation the problem of shortage of funds.However,due to its simple procedure,the operation is not standardized,leading to the existence of a large number of private lending has been the case in the judicial practice.Around the court accepts the case of private lending rose sharply,not only the subject of the volume increase,diversification of interests,and forms the basic legal relationship complex Increase the difficulty of the trial court,especially involving the interests of the country.The development of real estate related to processing enterprises and individual lending cases.The main body of the power and obligations are not equal,the improper disposal will become legal problems and social problems,make judgments in a passive,and even affect social stability important position,the emergence of a large number of QQ.Private lending,evidence of WeChat,Alipay and other new evidence,the evidence is not sufficient,increase the judge of fact finding difficulties,legal reasoning process and operation challenge.Facing the new situation,new problems,it is especially important to strengthen the folk lending case is not only conducive to positive judgments.To deal with the problem of shortage of funds,providing legal services and guarantee for the economic and social development;more conducive to the further extension of the judicial service functions,to provide a stable,harmonious,the integrity of the market environment.Based on the empirical research,taking Rongjiang County People's Court of justice in the empirical study.Through empirical research and analysis of the plight of private lending the judge,explore ideas,and puts forward the emphasis and difficulty in solving the trial operation logic.Except the preface and conclusion,is divided into the following four parts:The first part is the study of the basic phenomenon of China's private lending,the court of Rongjiang County of Guizhou Province as the research object,through to the hospital for nearly 3 years of private lending disputes statistics,analysis of new trends and features of the private lending disputes in recent years,the new characteristics of the study carried out combined with the status quo and the present legal norms of private lending regulation in this paper.The second part is to sort out the dilemma for folk loan Disputes Law.Including the referee idea,cognizance of the legal nature of the loan contract based on the calculation of interest,allocation of burden of proof,and civil and criminal division of the common problems in the judicial practice analysis.The third part is the present problems,difficulties and difficulties of folk loan disputes applicable law are analyzed.An in-depth exploration to judge private lending disputes problems,find a breakthrough point,in order to further clarify the way of hearing the case,in order to provide a reference for the trial court.The fourth part of the difficulties facing difficulties of legal trial work for the current private lending disputes,put forward the countermeasures.From reducing the administrative intervention,to prevent the referee the concept of justice,clearly identified the basic legal relationship,clear assignment of the burden of proof,the standard clearance of private lending cases of interest calculation,dealing with civil and criminal cross to straighten out the case of private lending the positive treatment of folk loan disputes properly regulate and guide the behavior of private lending,to help in the judicial practice.