An Empirical Study On The Issues Related To The Cases Of Private Lending

Based on the relevant laws,regulations and judicial interpretations of private lending this paper makes a comparative study on the current situation,manifestations and risk control of private lending in other areas of China which analyses and collates more than 60 judicial documents of the People's Court of H County.This paper focused on two aspects:the first is the comprehensive statistical analysis of the judicial judgment documents of the civil lending disputes in the past three years which is mainly from the aspects of the constitution of the litigation subject and the causes of the cases,the statistical analysis of the evidence of the loan disputes,the analysis of the use of the loan funds and the interest on the loan and the repayment;the second is to put forward countermeasures and suggestions from the perspective of reducing the civil lending disputes.This paper mainly puts forward some suggestions on how to implement the provisions of the law,regulate the use of evidence,establish a credit system and unify guidance cases.This paper is mainly divided into three parts.The first part is to study the problems of non-governmental lending reflected by judicial documents.This paper mainly studies the changes of private lending subjects from natural persons to legal persons,especially micro-credit companies and investment and financing companies,which have intervened in private lending;the amount of private lending has risen sharply,but the parties always not to sue.Private lending interest is not in conformity with the law,there is a high lending rate,high interest and other acts,but lacking of evidence awareness,thus,leading to litigation disputes.The second part studies the causes of private lending disputes.The main reason is that the state's credit policy can not reflect the financing need of the private sector,driven by high interest rates,the disputes of private lending are increasing day by day;the borrowers are lack of evidence consciousness and effectively know the credit of the parties;the parties intentionally lose contact,legal documents can not be served,default judgments are common;some borrowers are suspected of deliberately fraudulent lending,leading to civil disputes and criminal cases.The disputes are intertwined.The third part is to provide judicial guarantee for county economy by giving full play to the judicial function.Expect that the state level through the Legislation of the Loan Law will release the private financing of small and medium-sized enterprises to a certain extent,so as to realize the orderly operation of private finance in the region;standardize the evidence of private lending;severely punish malicious lawsuits and false lawsuits,standardize the interest rate of private lending,compress the living space of usury;unify the criteria ofjudgment and standardize the writing of credit certificates;Some countermeasures and suggestions,such as popularizing law and improving credit system are put forward to promote the sound and rapid development of county economy.