Research On The Fact Finding Of Private Lending Disputes

This paper focuses on the factual identification of private lending disputes in China,and is divided into four parts.The main content of the first chapter is to define the concept of private l ending disputes,establish the scope and object of the private lending cases stu died in this paper,and analyze the status quo of the legislation and the judicia l status,so that readers can understand the reality of private lending dispute ca ses run.The second chapter,from the perspective of the method of identifying the facts of the case,elaborates on the main methods used by judges in the fact finding of private lending cases.The main method of determining facts is to p rove the facts of the case through evidence and analyze different types of evid ence in private lending.The characteristics of the facts of the dispute.When t he case is in an unclear case,a reasonable fact finding is made by presumpin g as an auxiliary method of fact finding.The third chapter,as the innovation of the thesis,uses the Tolmin model to reshape the judgment mode of the judge's case,and the unique characteristic s of the private loan case are classified and discussed under the Toulmin mode l,from the identification of evidence to The identification of facts,a comprehe nsive analysis of the specific treatment of private lending cases.In the fourth chapter,based on summarizing the facts of the above-mentio ned private lending disputes,the paper analyzes the specific reasons for the mi sidentification of facts.For the judges themselves,it encourages them to constr uct rational fact-finding models and gives irrational factors in the referee.Effec tive guidance and prevention,and for the external procedures,through the esta blishment of a synergistic litigation model,improve the pre-trial trial preparatio n procedures to ensure a series of external procedures such as centralized triali sm,to ensure the correct and efficient identification of private lending cases.