Research On Private Borrowing Trial

Private lending is a long history,widespread in the world of private financial activities.In accelerating the improvement of the market economy with Chinese characteristics and paying attention to the market economy and the new impetus of economic development in our country,the mass entrepreneurship and mass innovation have become the new engines of China's economic development.In this context,the emerging private lending Its own richness,diversity and completeness,to a certain extent,solves the contradiction between the financing of small and medium-sized enterprises at different levels,meets the demand for funds during the rapid development of the enterprises and broadens the channels for profit-making of private capital investment Way out.However,under the imperfect financial and legal system of our country,the inevitable negative impact of private lending in the development process,the increasing risk of private lending,and the increasing prominence of the hidden risks,making the effective supervision and guidance of private capital a An important issue in the current economic development.Accompanied by the extensive nature of borrowers and the multiple Hua,the development of private lending directly led to a large number of disputes and litigation,and the number of cases accepted by the people's courts increased rapidly.In 2011,the nationwide courts concluded 594,000 cases of private lending disputes.In 2012,they closed 729,000 cases,an increase of 22.65% over the same period of last year.In 2013,they closed 855,000 cases,up by 17.27% over the same period of last year.In 2014,the number reached 102.4 million,an increase of19.89% from the same period of last year.In the first half of this year,526,000 have been closed,an increase of 26.1% over the same period of last year.With the rapid growth of the number of private lending cases,the difficulty coefficient of trial cases is also generally high,and many cases of non-government loan disputes have also taken on many new trends,putting tremendous pressure on the current civil trial work.In the legal sense,private borrowing refers to the transfer of a certain amount of money from one party to another by natural persons,between each other and between natural persons and enterprises(including other organizations),and the party receiving the funds shall,at the expiration of the agreed period between both parties,Return the loan funds and pay the lender to agree the interest fund loan activities.Private lending has the characteristics of large number of people,wide range,diversified manifestation,large amount of money,wide use of channels and flexible forms.There are significant differences in law with illegal fund-raising and loan-sharking.Along with the social and economic development,there are a series of cases of civil loan disputes,diversified external manifestations,interwoven with other civil legal relations and commoncross-criminal phenomenon.In the trial of private lending cases,the nature of the disputes is diverse and diverse,and the disagreements are found to be large.The facts of the case are difficult to find out.It is difficult to ascertain the common debt of the couple,the dispute over the protection of interest is large,the authenticity of the fake lawsuit is difficult to distinguish,Coordination of these issues leads to bottlenecks in the handling of such cases.This article analyzes the private lending from the above three aspects and puts forward the measures to deal with and deal with the disputes in the trial of private lending cases.