Study On The Legal Issues Of Civil Licensing Proof Liability

In recent years,with the active participation of China's private financing activities in the economy and society,private lending disputes have also occurred frequently.The cases of private lending disputes are often complicated,and the facts of the case are difficult to identify.At present,there is no evidence.The evidence and the difficulty of proof are the common characteristics of the case of private lending disputes in China.This makes the facts of the case untrue and is in the normal state,which brings great difficulties to the trial.How to comprehensively review the relevant evidence in the trial and the fair distribution of the burden of proof is essential for the trial of the case.This paper is divided into three parts.The first part briefly introduces the typical cases selected in this paper,including the basic situation of the case,the reasons for the judgment,the judgment result and the focus of the dispute between the two parties in the court trial.The second part is to discuss the three focuses of the disputes between the two sides,and conducts a detailed legal analysis of the issue of the distribution of burden of proof in this case.The third part puts forward the thinking on the issue of the distribution of burden of proof in private lending through this case.From the aspects of legislation and judicial practice,it puts forward some suggestions on the distribution of responsibility for civil lending in China.Through the analysis of Wang Mou's and Zhu's private loan case,this paper aims to arouse the relevant departments to think and pay attention to the issue of private lending,unify the distribution rules of civil loan lending disputes,regulate the legal provisions of private lending,and effectively reduce the folk Lending disputes have enabled our laws to truly protect the rights of relatives.