The Methods Of Proof In Private Lendings

The methods of proof in civil litigation can be divided into two types,direct proof and indirect proof.There are still disputes between these two methods in China nowadays.The only criterion is whether there is a direct connection between evidence and fact.The private lending contract between natural persons is a practical one.The parties need to prove their consensus to loan and the payment at the same time.A method is called a direct proof method if the evidence they provide can directly prove these two facts,or indirect proof method by contracst.Taking the receipt for a loan and transfer voucher for example.The receipt for a loan can be used to prove the parties' consensus on loan directly,while the transfer voucher cannot.Both of these evidences can indirectly prove the fact of payment.Therefore,the borrowing fact can be fully proved only by the receipt of a loan.However,the transfer voucher cannot prove the reason for the payment.It is impossible to prove the fact of the loan.The probative force of these two kinds of proof should be strengthen in particular cases. In order to prevent false litigation,the judge should make a comprehensive judgement on the whole case if the receipt for a loan is the only evidence in litigation.If the transfer voucher is the only evidence in litigation,the defendant should be asked to explain his proposition concretely to clarify the fact.