Research On Burden Of Proof To Transform Loan Litigation Into Improper Profit Litigation

In recent years,China's economic construction has developed rapidly,and various different economic forms have flourished.The transfer of funds has become an important means to fill the gap between economic entities.As a flexible and convenient financing method,private borrowing has a great advantage.Expansion capacity.However,due to the complexity and diversity of private lending,supervision is more difficult.At the same time,due to the absence of corresponding laws,the number of private lending disputes has increased sharply in judicial practice.In the case of non-governmental lending disputes,there is a large proportion of compound cases that are re-appealed.The majority of these cases are due to the lack of evidence awareness between the parties in the non-governmental lending disputes,and they cannot obtain rights relief through loan litigation.And judicial interpretations do not explicitly regulate such litigation.After the parties filed multiple lawsuits on private lending,they were still unable to protect their rights and interests,and then directly transferred the lawsuit to improper gains.Protecting interests through this method is not an exception,but a common behavior of the parties in this kind of lawsuit.This phenomenon not only causes a waste of judicial resources and increases the litigation of the parties,but also promotes a bad trend of abusing the right of action to a certain extent.Moreover,the existing laws in China have not detailed the burden of proof for civil lending disputes.The distribution of the burden of proof after the transfer in practice is quite controversial.The courts have different attitudes to such cases,and different cases have emerged.,Seriously impaired the credibility of justice.How to effectively regulate the action of referral,and how to reasonably distribute the burden of proof,are the issues that need to be resolved in the actual trial of cases of improper profit transfer of private loans.This article starts with the analysis of the 20 referee documents compiled by the "China Judgment Documents Network" and "Jufa.com",attempts to clarify the scope and legitimacy of improper gains in civil lending,and analyzes the scope of such referrals and the regulation of the burden of proof.,Put forward some suggestions to improve the burden of prof of civil lending for improper gains.First,analyze and organize the case.Select 20 typical cases for classification and analysis,and comparethe litigation process and judgment results of different types of referral cases,to more intuitively draw the real problems in the case of improper profit transfer of private lending,and to summarize the issue of the burden of proof in current referral cases.Secondly,it analyzes the legitimacy of the case of transferring unlawful profits from private loans.Focus on the common problems and individual problems found in classic cases,and clarify the legitimacy of the improper profit transfer of private loans.Thirdly,it explores the distribution of private borrowing and the burden of proof of improper gains.This article discusses the burden of proof in the case of private loan transfer to improper gains from the perspectives of private loan and improper profit,analyzes the changes in the parties' burden of proof in the two suits,and finds the root cause of frequent contradictions in referral cases.Finally,suggestions for resolving the problems in the case of unlawful gains of private lending for private loans.This article discusses how to improve the burden of proving the improper profit of private borrowing and lending in practice and the relevant system,supporting the justifiability of prosecution,and refining the distribution of the burden of proving the improper profit of private lending and borrowing.From the perspective of judicial practice,it proposes the proper exercise of the judge's right of interpretation and the right to investigate and obtain evidence.It is recommended that such cases be prepared for the establishment of a combined litigation model,to give play to the existing theoretical system in China to optimize the legal practice,and effectively alleviate the transfer of private loans in practice.Contradictions in improperly profitable cases.