A Study On The Judgment Dilemma And Countermeasures Of Private Lending

In recent years,with the further development of the market economy,private financing activities have become active,and private lending and borrowing have gradually flourished,with the resulting accumulated risks constantly increasing.In this social background,the people's court cases of private lending are increasing,and the rise of the Internet platform,private lending cases trial and adjudication difficulties are gradually increasing.From the perspective of judicial practice,combined with typical cases,to summarize,analyze,find reasons for the difficult problems in the trial of private lending cases,and put forward specific solutions,in order to be able to effectively solve the difficulties and difficulties in the trial of private lending disputes.This paper is mainly developed from the following aspects.Chapter 1,the introduction of the thesis.It mainly introduces and elaborates the research background,current situation,significance and research methods of this thesis.Chapter 2,an overview of the concept of private lending.This chapter is mainly based on the basic concept of private lending,analyzing the main characteristics of the existence of private lending and the current status of development;combing the current laws and judicial interpretations of China's laws on private lending,elaborating the history of China's private lending legislation and the legislative and judicial status.Chapter 3,the difficult problems and relevant case analysis of private lending cases in China in judicial practice.This chapter analyzes the difficult problems existing in the trial of folk lending cases in China,mainly the controversy over the establishment of the lending relationship,the controversy over the interest issue,the criminal-civil intersection problem,whether the loan belongs to the common debt of husband and wife,folk lending involving false litigation,etc.,and discusses with relevant cases.Chapter 4,analysis of the causes of difficult problems in the trial of private lending cases.This chapter analyzes the causes of the difficult problems in the trial of private lending cases in China from three perspectives: the diversity and complexity of private lending itself,the defects of the relevant laws and regulations of private lending,and the lack of effectivesupervision of private lending in China.Chapter 5,related suggestions on the difficult problems in the trial of private lending cases in China.This chapter mainly discusses the solutions to the difficult problems in private lending cases from two perspectives: the judicial practice level and the substantive legislation level.At the level of judicial practice,it mainly includes the aspect of whether the lending relationship is established;strengthening the review and judgment of interest withholding;clarifying the rules of disposal of criminal-civil intersection issues in private lending cases to protect the legitimate rights and interests of the lender;focusing on the review of cases involving joint debts of husband and wife to safeguard the interests of the lender;paying great attention to the problem of false litigation in private lending cases and improving the intensity of combating false litigation.At the level of substantive legislation,this mainly includes changes in legal concepts,the improvement of relevant legal systems and the perfection of relevant regulatory mechanisms.