Study On The Debt Transfering Contract Dispute Of Chen Aiyun V. Zhongcheng Company

In the various periods of China's historical development,although the title of private lending and its external performance are different,the essential attributes of its folk and lending have never changed.When the country was rich and the people were strong,private lending was popular;when the country's poor were weak,private lending shrank.Private lending has become a barometer of economic and social development.When private lending prevails,it has stimulated the development of the economy to some extent.However,once it is neglected,the alienated private lending can easily damage the social and economic order.Along with the establishment of the socialist market economic system and the implementation of a series of measures such as reform and opening up,while the rapid development of China's economy,the development of private lending has also become increasingly prosperous.Behind the prosperity,there are often hidden crises.In addition,the legal regulations related to private lending and economic crimes in China are as ambiguous.In recent years,the cases of private lending disputes that have erupted in recent years have also brought such doubts.Is private lending a crime today?Due to the limited academic level,the author can't profoundly demonstrate the difficulties encountered by the judicial organs in the trial of private lending disputes.Chen Yiyun v.Zhongcheng Real Estate Company(hereinafter referred to as the retrial of the Supreme People's Court in 2018)Referred to as Zhongcheng Company,the case of private loan and debt transfer disputes is the research object.Through the analysis and induction of the focus of the dispute,the problems encountered by the court in the trial of the case are fully displayed as much as possible,and the legal basis and the solution ideas are proposed.It is helpful to improve the relevant legal regulations and the improvement of judicial practice.This article is divided into five chapters for discussion.Chapter one: introduction.It mainly introduces the background and significance of the research,the ideas and methods of the research.Chapter two: The case is introduced.Briefly summarize the basic facts of the case,the request and reasons of the parties' pleadings,the main evidence submitted by the parties,andthe facts and judgments of the court.The author tries to restore the whole process of the case trial,and lays a solid foundation for the analysis and summary of the case.Chapter three: Research and Analysis on the Crossing of Civil Penalty.Firstly,it introduces how the cross-docking problem is reflected in the case.Then it analyzes the court judgments of similar cases in China,and conducts legal analysis on the focus of the dispute.It mainly discusses how to deal with the cross-lending cases of civil punishment.Chapter four: Achievements in the conditions of conditional debt transfer.First of all,it analyzes whether the conditions of debt transfer in this case are successful.The problems involved are mainly the following two.First,the problem of whether the allocated land can be transferred.Second,the interpretation of the Tripartite Agreement,that is,the land transfer fee should be Who bears the problem.Finally,by analyzing the court judgments of similar cases in our country,we find similarities and differences.Finally,a legal analysis of the focus of the dispute.Chapter five: The evidence in this case is a question of acceptance.The analysis of the evidence-acquisition problem in this case has the following problems: First,is the evidence obtained by the court ex officio in accordance with the law? Second,is the evidence submitted by the parties in the second instance a new evidence? The legal analysis of these two issues is mainly carried out.Chapter six: Case summary analysis.Through the generalization and legal analysis of the above-mentioned disputes,the author draws conclusions about the disputes of the above three cases.