| Private Lending is civil juristic acts existing among natural person,legal person and other organizations which processes financing.With a long history,although Private Lending once came down after the founding of China,it has been anchored in our society.It's flexiblility,convenience and the features that can satisfy the need of both person and enterprise contribute to the scale expansion,widely distrubuted and rapid development.Private Lending also plays a great role in promoting the economic development in our country.Meanwhile,the shortcmings of private lending has also accurred.Disputs caused by private lending have been increasing sharply due to the flowing of massive money,lacking effective supervise and awareness of law and the growing risks.In 2018,people's courts at all levels in China accepted twenty-two million three hundred and sixty thousand cases arising from Private Lending according to the work report of Supreme People's Court.Writer works in detached tribunal as a civil judge and has handled large amounts of private lending disputes.This kind dispute involes in complicated legal relations and there are many problems in fact finding and application of law.Chapter 1:Give a summary of the Private Lending and analise its current development patterns combining the present laws and regulations and judicial interpretation.In addition,make a distinction between usury and illegal fund-raising and other legal act.Chapter 2:summarize the factors causing Private Lending dispute litigation and its features according to the practical situation where the writer has wrestled with the dispute in detached tribunal over the years.Chapter 3&4:conduct a research on difficult problems in trails of Private Lending,especially the identification of the efficacy of IOUs(I owe you),the delivery of fund,the withholding of interest,the fraud litigation,whether couples should share the debt and so on.Conclude the triall experience and clear the trial thoughts by analising typical cases. |
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