A Jurisprudencial-sociological Research On The Typology Of Natural Person's Loan Dispute In The Judicial Context

With the deepening of the market economy and the increase of the folk financing needs,lending industry rapid development,but this "double-edged sword" in order to effectively solve the financing difficulties and other issues play a major role at the same time,also because of its high risk,blindness and other shortcomings,raises all over the country,such as volume "run" and "collective lost" events,affect social stability.In this context,the lending subject is prone to produce contradictions and disputes.Therefore,the number of corresponding lawsuits entering the judicial field has increased significantly,and the case plot has become more complex,which not only causes extensive discussion in the theoretical circle,but also becomes a hot and difficult point in the judicial trial.This paper takes the sociological characteristics of natural person's loan behavior in real social life as the research background,takes the practical disputes as the research object,and clarifies the research object of this paper by defining the natural person's loan behavior.Natural person lending is not only a legal act,but also an important social act.Through statistics and sorting out the macro data of relevant cases,combining the relevant knowledge of legal sociology,and analyzing the sociological characteristics of current natural person lending disputes,we can better understand the types of relevant disputes in judicial practice.Through sorting out and studying the dispute content of the parties in the case,it is found that there are different forms of folk loan disputes in the litigation,especially the parties have big disputes on whether to establish a loan contract or what kind of contract to establish.In addition,when facing different types of disputes,the court has different ways of thinking and finally makes different judgments.Therefore,the features and details of different types of disputes are analyzed by sorting out the types of disputes,and the disputes under each type are sorted out and analyzed again according to the different characteristics.Based on the content of the case judgment documents,the types of disputes are listed above,and the evidence proof behaviors of the parties in the face of different disputes are displayed.Based on the content of the dispute and the evidence of the parties,this paper analyzes and extracts the court's discretion rules,and makes an in-depth analysis of each element in order to provide help for judges in the same type of cases to accurately locate the dispute points and provide guidance for the judgment of similar cases.Based on the foregoingsummary of the act of providing evidence in litigation and the rules of court judgment,this paper tries to provide the parties with litigation risk instructions and risk aversion Suggestions.