Proof Of Liability In Private Lending Litigation With Only Transfer Voucher

As a social and economic phenomenon,private lending has entered a peak period of development in the context of the continuous development and prosperity of the market economy and the encouragement of mass entrepreneurship by the state.At the same time,due to the imperfect financial and legal system in China,the risk of private lending is increasing and the hidden dangers are prominent.The specific reaction is that the private lending disputes have occurred frequently in recent years,and it has become the second largest litigation case outside the marriage and family cases.Traditional private lending relies on geography and blood development,mostly between natural persons,and the loan contract between natural persons is a practice contract and is not written in the form.At present,there is no formal mandatory requirement for private lending between natural persons in China,and it is not necessary to register with the relevant departments when the contract takes effect.This leads to the occurrence of disputes,the relevant important evidence may not be obtained or even existed at the beginning,which makes the evidence of the parties and the review and identification of the facts of the case extremely difficult.One of the more typical cases is the absence of the creditor's certificate.Proceed only based on the transfer voucher.To this end,the Supreme People's Court issued Article 17 ofthe “Private Lending Regulations”,which is a rule on the burden of proof of civil lending cases prosecuted only by financial institution transfer vouchers,and is intended to guide relevant judicial practice.However,since the actual situation of private lending disputes is constantly changing,and the textual expression of the regulations is easy to be misunderstood to a certain extent,there are many different judgments in the practice that lead to the understanding of the differences in how the burden of proof is distributed in the regulations.How to better apply this provision in this type of case is still a real problem to be solved.The introduction part of this thesis leads to the issue of the burden of proof of the private lending disputes with only transfer vouchers.The main part is divided into three chapters to discuss and analyze the problem:In the first chapter,firstly,according to the scope of application and the level of effectiveness,the relevant regulations on the burden of proof of private loan lending disputes are divided into three categories.After that,the pre-trial trial of Article 17 of the Private Lending Regulations is summarized.In practice,there are four existing referee ideas in this type of case,including lender-led,borrower-led,unjustly profitable,and discretionary.Finally,it is analyzed from the perspectives of referee results,referee reasons,and change rate.The case sample of the regulations,and the specific applicable problems.The second chapter analyzes the specific applicable problems from the perspective of proof responsibility.First,the plaintiff only filed a private lending lawsuit based on the transfer voucher.How to determine the establishment of the lending relationship can be directly presumptive.Due to the variety of reasons for the transfer,only the transfer voucher directly assumes the existence of the fact of lending,which is easy to lead to wrong cases,and does not comply with the provisions of Article 17 of the Private Lending Regulations.The defendant argues that the transfer is the applicable context of the plaintiff's repayment.The second is the nature of the“defendant's defense” as stated in the regulations and the standard of proof to be achieved by “providing evidence” for the “defense”.By confronting and denying the clarity of the differences,it can be seen that the essence of "defense" here is "denial." To solve the above two problems,it can be clarified that the provision does not reverse the burden of proof of the borrowing requirements.The third chapter puts forward corresponding suggestions on the improvement of the problem: to clarify the evidence provided only by the facts of the legal requirements of the private loan disputes of the transfer vouchers,to determine the responsibility distribution and the standard of proof of the unified type of case,to regulate the discretion of the judges,and to improve the rule of thumb in only there are applications for transfer vouchers in private lending disputes.