Research On The Confirmation Of Civil Loan Case In China

With the continuous development of China's market economy,the number of SME has increased rapidly,which has promoted the prosperity of private lending.But the prosperity has brought risks and contradictions.In the process of expanding the scale,the number of courts prosecuted due to disputes has increased sporadically,and has become the second largest civil litigation type after marriage and family cases.A large number of private loan cases have poured into the courts,which has caused many difficult problems and brought great challenges to the trial work of the courts in our country.Unfortunately,the current financial and legal system in China is not yet perfect.The laws on private lending are scattered in various departmental laws and judicial interpretations,and they do not match the complexity of private lending practice.The “Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Loan Cases” promulgated by the Supreme People 's Court in 2015 clearly stipulates the standard of case judgment and has more specific provisions on the use of evidence and false litigation.The identification link is still our focus.Based on the above considerations,on the basis of introducing the domestic and foreign private loan identification problems,this article uses a combination of theory and practice to first explain the concept of private loan,and analyzes the differences between private loan and similar legal relationships to summarize its characteristics.Secondly,it raises the problems in the identification of private loans,that is,the identification of loan relationships,the identification of proofs and certificates,the identification of loan contracts,the determination of the loan principal and interest,and the determination of the joint debt of husband and wife.Furthermore,the causes of trial dilemma are analyzed through legal,social and financial supervision.Finally,through the previous analysis and analysis,suggestions for perfect identification are given in order to promote the benign development of the private lending market.