Study On Tlhe Distribution Of Burden Of Proof In Private Lending Disputes

Disputes over personal obligation has become the second type of civil action in China.They have many characteristics,such as diverse subjects,many connected cases,with high rate of interest,lack of evidence and so on.How to find out the facts of the cases and distribute the evidential burden rationally become prominent problems that puzzle the judicial practice.The theory of distribution of evidential burden is a part of Law Applicability.The distribution of evidential burden in disputes over personal obligation should follow from general to special laws.According to "the alien theory",based on the existing legal norms,we should clarify the facts of legal requirements,to finish the distribution of evidential burden.Such as:the creditors should proof the fact that the existence of loan borrowing relationship and have fiilfilled period,as well as the debtors should proof the repayment of the borrowings.But for the special cases of private lending disputes,such as lack of receipt for a loan,cash delivery,interest deduction in advance,transformation of lending and other circumstances,the judge should analyze specific issues,taking into account the factors of value proof ability,evidence of how close justice,reasonable distribution of the burden of proof as between the parties,the equal protection of the rights in order to solve disputes,and promote the healthy development of the financial market.