Research On The Distribution Of Burden Of Proof In Private Lending Litigation

Private lending is one of the common civil legal acts,which realizes the effective allocation of private idle funds.In recent years,affected by changes in my country’s macroeconomic situation,the number of private lending cases has accelerated.However,due to the diverse subjects of private lending cases,the complicated lending relationship,and the imperfect distribution of the burden of proof in our country,the distribution of burden of proof has become a difficult problem that has plagued judicial work for a long time.At present,my country’s private lending and lending burden of proof distribution system has not formed a complete theoretical system,and judges also have deviations in their understanding and application of relevant regulations,resulting in the phenomenon that trial results cannot actually resolve disputes in practice.The Regulations of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases revised in 2020 have resolved the issue of the distribution of burden of proof to a certain extent,but due to the ambiguity of judicial interpretations,judges have biased their application.Based on the above background,this article will be written according to the following four parts:The first part introduces the background of private lending,the research status at home and abroad,as well as the research ideas and methods of this article,with the current research status at home and abroad as the writing focus.The second part introduces the related theories of burden of proof and the distribution of burden of proof,which focuses on the theory,theoretical basis and general principles of the concept of burden of proof distribution.The third part,by analyzing the regulations on the distribution of burden of proof in legislation and typical cases in trial practice,summarizes the problems in the distribution of burden of proof in private lending litigation in my country,such as the mixed use of multiple laws and regulations,and the inconsistent application of the distribution of burden of proof.Wait.The fourth part,by analyzing the problems in the distribution of the burden of proof for private lending,we believe that to solve the problems in the distribution of the burden of proof for private lending in practice,first,we must improve the legal norms for the distribution of burden of proof,including the improvement of evidence rules and private lending laws Standardization is perfect;secondly,the application of the distribution rules of the burden of proof must be improved.This includes clarifying the legal elements and facts in private lending disputes,standardizing the burden of proof of the parties,standardizing the process of determining the facts of the case,and accurately applying the rules of high probability.