On The Application Of Trading Habits In Private Lending

China has established the legal status of trading habits in the relevant judicial interpretations of the contract law and the supreme people's court,this provides an important legal basis for the trial of quite a number of cases in judicial practice,It also fundamentally solved the unsolved problems of the law,To uphold judicial justice,Improve the level of adjudicator,The combination of social effect and legal effect can be achieved,it has great significance.Contract law for the first time in the form of legislation to trading habits as identified in the society,one of the important legal basis of the parties rights and obligations in the trial of cases involving private lending,trading habits are also applicable.Folk lending this particular way of borrowing,in our country has a history of ancient origin,is the product of the process of social development in our country,and the first to meet the needs of life extension between individual and individual is the need of production and operation of enterprises and between enterprises,the main body of its lending to extend.All along,the folk lending cases is the leading role of grass-roots court on the trial of civil and commercial cases,in the current judicial practice,confirm the trading behavior of private lending as trading habits,and determine the legal effect of trading habits,it is of great legal significance for the trial and judgment of private lending cases.