About Guilin Two Private Lending Disputes Court Hearing Research

Increasing degree in the market today, the private lending as a resource-rich, simple and flexible means of financing, to some extent alleviate the problem of insufficient bank credit funds, promote economic development, enhance the capital chain rupture.Especially high dependence of capital real estate developers turned to individuals in private lending, private lending cases increasing year by year makes, and present large, high-risk, forms and more features, especially if there is litigation and false loan whether it contains usury lending difficult verified, usury should be how to identify such problems which are difficult to reach a consensus, which seriously jeopardize the financial order, the impact of economic development, to the harmonious society adds discordant elements.Recent frequent Wenzhou boss on foot time not only plagued the people’s courts, but also highlights the largely private lending crisis. For real estate development enterprises, especially at this stage between the lending business and personal handling of the case, often involving national interest, bank creditors, buyers, shareholders, other creditors’interests, involving a wider scope, not seriously deal with legal issues evolved into a social problem, the judiciary into a passive, and even affect social stability is at stake.Work needs to be tried, Guilin Intermediate People’s Court in March2011established the Fourth Court civil trial, the private lending disputes as the court hearing the main case of specialized types. Compared with the formal financial, relevant literature is not a lot of private lending, the definition of its connotation considerable differences, the main difference is the size and scope of different focus. Chinese scholars did not form a unified standard understanding. The thesis is that private lending is between citizens, between citizens and legal persons, citizens and other organizations conducted pursuant to an agreement between the securities lending money or other kind of civil legal act.In summary, this paper investigated in the literature and practice on the basis of investigation, four Guilin Intermediate People’s Court trial practice Guilin two cases and the case for thinking about the source of the trial court, the investigators studied a large number of private lending cases and data and other information of Guilin two courts are heard in the past five years private lending disputes investigation and research, at the conclusion based on the characteristics of such cases, excavation hear such cases the problems and analyze its causes.Meanwhile, the Chinese Text view, read magazines and other ways to find relevant theoretical support, read with the private lending-related research papers, thesis literature review initially established, the formation of the trial achievements, seminar aims Chuqian so that the "debt repayment, right and proper" return to normal, to promote the orderly development of social economy.