"Investment as well as the folk lending",refers to investment as external forms(e.g.,signing the investment agreement),and the essence of folk lending relationship between rights and obligations of civil action."Investment" and "private lending" are two different legal relationship,although in the nature,purpose,both the assets in the main body status,the consequences of risk,Treasury investment and Treasury sources and forms are different,but it often appear in judicial practice,called investment,the actual was not involved in management,called investment,but the ownership of the property transfer and in the "investment agreement" guaranteed "investment as well as the folk lending" contract dispute.But this kind of contract dispute but for private lending disputes.Summary of practical work experience for many years and,therefore,the law and the judicial interpretation of the study,the author puts forward how to strengthen party's ability to distinguish between the two,and this kind of case in the judicial process what standards and interest payment standard measures,in order to improve the civil dispute handling. |