Research On Legal Issues In The Trial Of Private Lending Cases

Private borrowing faces many problems,such as the complicated and diversified subjects,non-standardized borrowing procedures and high interest,with scale expansion and risk rising.Private lending litigation continued,and the legal issues exposed should not be underestimated.In the trial,courts also have different opinions and different results.This paper takes the typical case of Xia's series of private lending cases as the entry point,concludes the related legal issues of the case,summarizes the main problems encountered by the courts,and presents the solution.This article is divided into four parts:The first is the development trend and trial dilemma of private lending cases.It presents the current development trend of private lending cases and takes the case of Xia's series private lending cases as the entry point to summarize the focus of this case and to extract two common legal problems in the trial.One is the complexity of the establishment and validity of the contract;the other is the different trial results of the private loan principal and the interest.The last two chapters respectively conduct targeted analysis on the above two issues.The second is about the legal basis for the trial of private lending cases.The trial of private lending cases and the study of their legal issues depend on the state's legal provisions on contracts,especially loan contracts.Therefore,it is necessary to systematically sort out relevant legal basis.The legal norms of private lending are based on the general principles of civil law,contract law and judicial interpretation.The author combs and briefly analyzes the legal basis for the trial of private lending cases from both theoretical and practical perspectives.The third is the establishment and effectiveness of private loan contracts.A loan contract must have two conditions:to reach an agreement and to pay the principle.It is mainly discussed from two aspects.The first is to examine whether the loan contract as the basis of private lending is established,and to classify different forms of loan contracts;the second is to confirm whether the parties have a loan delivery behavior.Whether to pay the principal depends on the examination of the payment order.However,there are two situations in practice:no payment vouchers but debits,and no debits but payment vouchers.The fourth is the identification of private loan principal and interest.On the basis of the establishment of the loan contract,the issue of how to determine the amount of private loan principal and how to calculate the interest is focused on.The determination of the principal amount is the basis of private loan,and the behavior of deducting invisible expenses in advance should be prohibited.In addition,we need to deal with a series of questions about loan interest:whether it should be accepted the compound interest?How to deal with the paid interest that is over interest rate standards?Whether the penalty and overdue interest can be applied at the same time in a case?...