Research On The Proof Of The Establishment Of Loan Relationship In Private Loan Litigation

Fact finding is the main task of judicial proof,and also the basis of the case judgement.To find out the facts of the case,how to scientifically the case is one of the important issues that judges should explore at present.In the process of judicial confirmation of the facts of private lending cases,there are many problems,various forms of handling,and lack of unified standards for the confirmation of things.For this reason,the Supreme People's court issued a judicial interpretation of private lending,but there is a deviation between the practice and the original intention of the system,which has little effect on resolving the trial dilemma.Investigate its reason,exist a variety of factors.About borrowing relationship based on the private lending lawsuit proof that whether there is problem as the research object,in the case facts in civil action,etc,on the basis of defining the concept,clarify the suit of private lending borrowing relationship established on two facts:loan purpose facts and payment delivery,and prove the fact of these requirements are the referee path selection.After the judicial interpretation of folk lending is carried out,the paper points out that there are two typical difficulties in the process of fact identification,namely,the recognition of the fact of payment when there are only receipt for a loan and other creditor's rights,and the recognition of the fact of loan agreement when there are only transfer vouchers.Facing this kind of difficult problem,the paper analyzes the causes of the problems from three dimensions:the system factor,the particularity of the case and the judge's own factor.Based on our country folk lending trial practice,seeking to crack about borrowing relationship lending lawsuit proof that whether there is trouble in the future,there is no denying the fact that eliminate institutional obstacles,from the legislative level and improve the relevant systems of the folk lending,such as separate legislation,fixed judicial interpretation,etc.,is the important theoretical route for resolving these problems.At the same time,from the two aspects of uniform distribution of burden of proof and standardization of the use of discretion to further improve the folk lending litigation proof system,to build a rule of thumb and the fact that the burden of proof complementary recognition mechanism,is also out of the predicament of the countermeasures.In the context of the current judicial reform,it is necessary to make full use of technical means to try to establish a relatively standardized mode of fact determination and create an intelligent case guidance system,which has important reference value for judges to correctly determine whether the loan relationship is established in folk lending litigation.Of course,scientific and perfect theory,system construction,are dependent on people to achieve.Therefore,to solve these problems,it is necessary to improve the quality of judges,comprehensively master and properly apply the theory of proof,master skilled trial skills,correctly interpret laws and regulations and relevant judicial interpretation,and avoid deviation from the original intention of system setting in practice.In addition,relevant supporting mechanisms should be improved,such as special cases of private lending,unified judgment standards,and improved trial quality.From the psychological point of' view,strengthen the fact review in the trial,break through the parties' "psychological defense line" and other measures,in order to really get out of the private lending litigation in the reality of the plight of the fact.