On The Burden Of Proof In Private Lending Cases In Judicial Practice

In recent years,the high incidence of private lending disputes in China has brought new challenges to the trial work of the court.In the trial of private lending disputes,the biggest difficulty lies in the fact finding.How to find out the facts and how to make the most reasonable judgment when the facts are unclear has become the biggest problem in the private lending litigation that trouble judge.The basic value of the burden of proof and its distribution norms is to provide the judge with the basis of judgement when the truth of the case is unknown.The purpose of this paper is to sort out and analyze the distribution of the burden of proof in private lending cases,and find a standardized and feasible solution.