Study On The Burden Of Proof In Civil Loan Disputes

China's private lending originated in the Shang and Zhou Dynasties,followed by social progress and continuous development.Especially in our country vigorously developing the market economy and carry out mass entrepreneurship background,private lending has entered a peak period of development.Due to the current lack of specialized legislation on private lending in our country,with the development of society,the private lending has brought new features such as the diversification of the main body,the complicated legal relations and the complicated loan contents,which brings difficulties to the supervision of the private lending in our country.Judicial practice,due to the implementation of the registration system,a large number of disputes poured into the courts,especially in recent years,frequent cases of private lending disputes,private lending disputes have become the second largest category of cases of marriage and family cases.A large number of cases of private lending disputes have flooded the court,resulting in complicated and difficult issues such as the determination of the facts of the case,the cross-cutting of civil penalties,the qualitative characterization of cases,and the distribution of burden of proof.This has brought great pressure and challenges to the trial of the court.At present,there is no specific evidence law in our country,and the distribution of burden of proof mainly exists in the Civil Procedure Law of the People's Republic of China(hereinafter referred to as Civil Procedure Law)and the Supreme People's Court's application of Civil Procedure Law of the People's Republic of China Interpretation "(hereinafter referred to as" Civil Procedure Law Interpretation ")and other procedural laws and the" Supreme People's Court on Civil Proceedings Evidence Several Provisions "(hereinafter referred to as" evidence "),and for the type of civil loan disputes the burden of proof Distribution,civil procedure law and its interpretation and evidence provisions are not specifically provided for.Due to the influx of a large number of private lending disputes into court and the fact that the case is more and more complex,to civil liability disputes in the distribution of burden of proof brought a new research topic.Although the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Civic Lending Cases(hereinafter referred to as "Judicial Interpretations of Non-government Loans and Lending)" to a certain extent unified the refereeing standard and the method of distributing the burden of proof on the trial of private lending disputes by the people's court,However,due to the ever-changing non-government borrowing and lending,how to distribute the burden of proof among all the parties more reasonably has become a real problem to be solved urgently.This article attempts to start from the concept of private lending and the status quo of private lending disputes,analyzes the rules of the distribution of civil liability and civil lending proof in our country,and then analyzes the problems of the burden of proof in non-government lending disputes in judicial practice.Way to prove responsibility.In addition to the abstract and introduction,this dissertation is divided into four parts to explain the related issues.The first part elaborates the overview of civil loan disputes.From the concept of private loan,this article analyzes the legal status of non-government loan disputes,the judicial status quo and the new characteristics of the existing civil loan disputes.The second part elaborates the burden of proof and the current situation of the distribution of civil loan disputes.Based on the status quo of the civil loan in our country,this paper analyzes the legislative status quo and the status quo of the trial of civil liability and the logic of thinking of the burden of proof in civil litigation.General Rules,Special Rules,Equilibrium Rules.The third part expounds the problems of the burden of proof in the case of civil loan disputes in judicial practice in our country.Mainly due to the fact that the facts of the case from the deterministic to the non-deterministic direction of the development of legal relations from unity to complex,the increase in false litigation,the lack of a special burden of proof rules of civil liability caused by civil liability for the burden of proof and the existence of proof of liability distribution Problems,such as the lack of a clear rules for the allocation of burden of proof,the lack of cross-certification of the distribution of responsibilities,as well as the existing non-government loan disputes prove that the allocation of responsibility in the judge's discretionary power is too large.The forth part mainly elaborates how to improve the burden of proof in civil loan disputes.First of all,we should clarify the rules of distribution of the burden of proof of private lending.Second,we should perfect the conversion of burden of proof between parties.Third,we should limit the distribution of judges' discretionary power in the burden of proof of private lending.Finally,The Application of False Technology in Civil Loan Dispute.