Difficulties And Solutions Of Cases Of Civil Borrowing Disputes In China

Private lending as the traditional folk financing way, has played an important role in the development of private economy. With the continuous expansion of private lending market, trading more frequently, at the same time, due to the effects of a slowdown in the world economy, the development of China’s real estate market and the coal, oil and other energy markets to sagging, resulting in private lending triggered disputes are more and more. Since 2011, the people’s court accepted the number of private lending cases increased rapidly, and the case is no longer confined to the previous simple borrowing, but also with other legal relations intersect, so that the trial of the people’s court is facing great challenges.In order to study the plight and way out of China’s private lending disputes, this paper introduces the current situation of the domestic and foreign cases of private lending disputes, based on the combination of theory and practice, first of all, the concept of private lending, through the current situation of the current private lending, summed up the characteristics of the current private lending. Then, in Shaanxi Province, the situation of private lending disputes for the status quo of private lending disputes were classified in detail. Through the experience of practical work in the court, the people’s court in the trial of civil disputes in the case of the main range of the loan, the fact that the borrower, the evidence found, the document delivery, the cross case of civil and criminal cases, and from the social environment, economic environment, legal norms, financial regulation four aspects of the causes of the problem. Finally, we should first establish the legal status of private lending, through the strengthening of comprehensive supervision, first from the source to reduce the number of such disputes, and then in the trial of reasonable allocation of burden of proof, to find out the facts, the right to understand and apply the existing laws and regulations on the legal instruments, improve the legal proceedings, and finally to strengthen the public and public security, public security, procuratorial and other organs of communication and coordination, and steadily solve every dispute. I hope this article can provide reference experience for the trial work of the court, the trial practice in how to deal with the case of private lending disputes play an active role.