Research On The Litigation Practice Of Private Lending Cases Under The New Situation

Private lending has played an important role in China's economic development,with the growing private lending market,the frequent occurrence of transactions,while the real estate market,coal,oil and other energy market downturn,private lending cases are more and more complex,the case is no longer a simple loan,more cross other legal relations.Complicated private loan cases also bring great challenge and pressure to court trial work.In order to study the dilemma and solution of private loan cases in judicial practice,this paper introduces the development direction of Peer-to-peer Network lending model under the new situation by introducing the characteristics,background,trial basis and dilemma of the private loan cases in the new situation.Finally,the system,supervision,credit system and legal sanction should be in parallel,especially the widespread loss of credit in current economic life is the root of the phenomenon of "blowout" in the private lending cases."Shing" is an ancient and simple moral saying,now because the cost of breaking the faith is too low,more and more debt does not return the money become the normal,people in self-reliance can not restrain this immoral behavior,tend to use the way of litigation,by way of law sanctions to restrain the broken faith,More is the hope that society can re-establish a mutual trust in the economic transaction environment.Honesty is not only the moral,but has actually affected the legal practice.I hope that through this study,we can call for the establishment of a nationwide credit guarantee institutions,so that integrity from the moral level into the legal level,the use of legal means to increase the cost of breaking the faith,the establishment of a breach of faith will be punished by the law mechanism,thus establishing a good economic trading environment.