Research On The Legal Issues Concerning The Distribution Of Burden Of Proof In Private Lending Cases

With the vigorous development of China's market economy,non-governmental lending cases have entered a peak period of concurrence,the diversification of non-governmental lending subjects,the complexity of legal relations,the lack of supervision system and unified non-governmental lending legislation,making it more difficult to hear non-governmental lending cases in judicial practice,especially in case facts.And when the truth of the case is not clear and the distribution of the burden of proof and other issues,to the court's trial work has brought specific challenges.The formation and development of the theoretical system of the burden of proof for folk lending in China are not yet fully mature,and the specific rules for the distribution of the burden of proof are not clear in many Chinese laws,such as civil procedure law and evidence law.Even though the provisions on folk lending were issued in 2015,which provided operable judgment basis for some problems in judicial practice,such as the determination of facts of folk lending,the provisions are extremely likely to lead to practical difficulties in terms of legal logic and term interpretation.The identification of facts in folk lending cases,the deviation in the application of law,the non-materialization of the parties' claims and the expansion of the judge's discretion make the distribution of burden of proof theory have different applicable standards in the trial practice,and it is easy to have different judgments in the same case.Therefore,it is necessary to analyze the legal problems in the application of burden of proof in judicial practice through the study of private lending cases,so as to improve the distribution rules of burden of proof in private lending cases.This paper is divided into four chapters.The first chapter elaborates the basic theory of burden of proof and distribution of burden of proof in China's folk lending,and probes into relevant concepts,characteristics and distribution principles of civil burden of proof.The second chapter focuses on the current situation of the distribution of burden of proof in folk lending in China.Starting from the current situation of folk lending in China,this chapter analyzes the legislative status and judicial practice status of the distribution system of burden of proof in folk lending cases,so as to provide support for further exploring the existing problems in the distribution of burden of proof in folk lending cases.Chapter three elaborates on several major problems existing in the distribution of burden of proof in China's private lending cases,such as the distribution of burden of proof in legislation and the distribution of burden of proof in practice,such as the lack of clear and specific distribution principles.The fourth chapter mainly to perfect our country folk lending case elaborates the onus probandi allocation,first of all,we should improve the legislation and case facts ascertained rules applicable rules of distribution of evidential burden,second to perfect for the fact that authenticity is unknown when the responsibility assignment criteria as a result,the final perfect GuZheng under the applicable principle of distribution of evidential burden and narrowed the judge's discretion.