Research On Evidence Rules Of Private Debit And Credit Cases With Only Transfer Vouchers

The cases of non-governmental lending and borrowing occur from time to time,with various forms,complicated subject relations and difficulty in fact-finding.It is even more difficult to hear and determine the cases of borrowing and lending on the basis of transfer vouchers.No matter in the judicial trial or in the theoretical circle,there are certain differences and no unified conclusion on the applicable rules of such cases.There are mainly three aspects: First,the plaintiff only on the basis of the transfer documents,there is no direct proof of the written evidence of the loan,in this case,whether it can be considered as a loan dispute.Second,whether and to what extent the defendant should bear the burden of proof when the defendant considers the transfer to be in satisfaction of other debts.Third,the burden of proof of the plaintiff.This article takes the concrete case as the breakthrough point,carries on the concrete analysis.This article mainly divides into four chapters,the first chapter,mainly focuses on the introduction of the case,as well as summarizes the dispute point with the court's judgment view.The three issues analyzed in this paper are discussed in the second chapter,the third chapter and the Fourth Chapter.The first is the premise of the second and third.In the second chapter,aiming at the first focus of dispute,the author discusses the basic characteristics of the cases only involving transfer documents,how to identify such cases in judicial practice,and the basis for identifying such cases as loan disputes,the author also analyzes the opinions of the court according to the opinions of the plaintiff and the defendant in this case.The existence of a lending relationship raises a second point of contention.In the third chapter,in view of the second dispute focus,firstly,the interpretation of the legislation is discussed from the legislative level,and the original intention and application of the legislation are analyzed.Secondly,the burden of proof that the defendant should bear is analyzed in the light of the evidence provided by the defendant,and the standard of proof.If the defendant can prove his claim,a third point of contention arises.The Fourth Chapter,in view of the third dispute focus,analyzes in the special loan case,the plaintiff's burden of proof.The analysis of these problems is in order to better promote the effective settlement of disputes.The analysis shows that the existence of a debit-credit relationship can be presumed in the absence of evidence,and that the defendant's defense is mainly based on the nature of the transfer,and that the defendant should bear the burden of rebuttal when he believes that the transfer is a return of the other debts of the Party,the defendant is liable in the sense of the act,and in the particular case of the loan,the plaintiff still proves the existence of the loan relationship.