Research On The Burden Of Proof In Private Lending Litigation

With the vigorous development of China's market economy,the share of private lending in the financial market is also increasing year by year.On the one hand,private lending helps to activate the market economy and facilitate production and life.On the other hand,due to the lack of effective supervision,the development of private lending has various imperfections and irregularities,showing a barbarous growth.Against such a background of challenges and tests,how to solve the problem of the burden of proof in private lending has become the top priority in reducing market financial risks and rectifying the private financial order.Due to the complexity and variability of private lending cases,not only the parties to the case,but also the trial agencies that are undertaking the case are faced with the problems of how to properly apply the law and how to distribute the burden of proof scientifically and rationally.In order to solve this problem,this article first has a clearer understanding of the behavior of private lending by clarifying the concept,legal attributes and current status of relevant legislation of private lending.It then introduces the mainstream doctrines of the burden of proof in civil lending in civil law countries,countries in the United States and the United States,and the academic theory in China,and defines and clarifies the basic concepts in civil lending and its burden of proof.On this basis,the analysis of the civil loan dispute case between Zhang v.Yimou and the civil loan dispute case with Wang v.Zhu reveals the shortcomings and deficiencies of the distribution rules of burden of proof in China's private loan litigation.The problems of multiple and combined use of civil lending norms,lack of specific and clear rules of burden of proof,and lack of rules of allocation of burden of proof in cross-cases were discussed separately.Finally,in view of the above problems and deficiencies,from the perspectives of improving the legal system of specialized lending,clarifying the distribution rules of the burden of proof of civil lending,clarifying the distribution of the burden of proof in the common debts of husband and wife and in the case of civil penalties,and restricting the discretion of judges Suggestions are made to improve the burden of proof in private lending,hoping to correctly guide the healthy development of private lending.