Research On The Burden Of Civil Loan Disputes

As one of the traditional financing methods,folk lending has been widely used in daily life since ancient times.As early as in the shang dynasty,there were records on folk lending in China.With the continuous improvement of social productivity,people had additional capital requirements based on the needs of production and life,and folk lending continued to develop with its own advantages of simplicity,diversity and flexibility.Since the reform and opening up in 1978,China's market economy has been increasingly prosperous,and the civil society has accumulated huge wealth,so there is a huge demand for financing.In order to maintain and increase the value of wealth,considering the low deposit interest rate of Banks and other reasons,the financing mode of private lending has gradually become the first choice for people to finance.Private lending has also developed rapidly and gradually developed new characteristics,such as the number of loan disputes has increased rapidly,the amount of loan subject has become larger and larger,the lending behavior is too casual,the forms of lending are diverse and the phenomenon of high-interest lending is increasingly prevalent.As a result,in recent years,the number of private lending disputes in judicial practice has been increasing rapidly year by year.Take Peking University magic weapon statistics for example: in 2014,the number of private lending disputes in China was only 732,602,while in 2018,the number of private lending disputes in China increased to 9646,060.The explosive increase in the number of folk lending dispute cases is characterized by various forms,simple formation and other characteristics,resulting in the derivative of folk lending dispute cases such as difficult to identify the facts,difficult to determine the nature of the case,false litigation explosion and other characteristics,resulting in the judicial practice for this type of case trial dilemma.There is no doubt the burden of proof allocation is a key factor of the trial of civil dispute,how to allocate the folk lending to justify the burden of proof of parties to solve the plight of the current court is important one annulus,the burden of proof research,based on the private lending disputes tried to break through in the judicial practice in our country folk lending hearing difficulties to seek a feasible path.It mainly includes the following parts:The first part through to the research question background and the research significance,the question research present situation as well as the research main content and the method combing,verifies this article selects the topic the rationality.The second part firstly defines the concept of folk lending and the characteristics of folk lending disputes at the present stage in China to pave the way for the following dilemma of burden of proof caused by the current situation and characteristics of folk lending.Secondly,introduces the theoretical study of the burden of proof,including the concept and significance of the burden of proof,the allocation of burden of proof theory principle,the distribution of burden of proof in China and outside of the burden of proof allocation and enlightenment,thus to our country folk lending the burden of proof allocation problem of research to provide theoretical basis and theoretical basis.The third part analyzes the problems of the burden of proof in China's private lending disputes.On the one hand,through the analysis of the application of the law on the burden of proof in folk lending disputes,this paper analyzes the defects in the legislation on the burden of proof in folk lending.Combining with case analysis,on the other hand,our country folk lending the burden of proof of the existing problems and the reasons,such as only by financial institutions to transfer voucher folk lending dispute is not reasonable,lack of handwriting identification of distribution of evidential burden distribution of burden of proof rules,interest deducted from the principal in advance the burden of proof distribution is not clear,the folk lending the burden of proof is not unified and the judge discretion exists the possibility of irregularities.The fourth part is to improve the burden of proof of private lending dispute.The author through to the folk lending dispute problem of burden of proof,in the "specification" to perfect the distribution of burden of proof on the basis of a rule of thumb,folk lending stipulates the burden of proof for the specific circumstances,such as the plaintiff only transfer voucher of folk loan disputes,loan certificate defects need identification and lenders deducted from the principal in advance interest and other special circumstances.