The Present Situation And Countermeasure Research Of Folk Lending Disputes

With the rapid development of market economy in our country, the folk lending in recentyears presents the trend of rising prosperity, but with no phase contrast, on folk lending lawsand focusing guidance, however, lags far behind the development of the situation, this willundoubtedly bring certain difficulties to the court trial work. Private lending disputes,originally is the most simple and clear court trial work, now has become a major disaster areadifficult points and judge of the work, bring serious challenges to the judicial practice. To this,this article through to the folk lending disputes related issues presented in a court trialinvestigation and evaluation, puts forward countermeasures of private lending disputes. In thispaper, taking the form of investigation report, the full text is divided into four parts.The first part mainly introduces A county people’s court. The present status of privatelending disputes. According to the survey found that A number of county folk lendingdisputes of the people’s court showed A trend of increasing year by year, which dominatelending between natural persons, increased lending between natural person and legal person,the case handling, give priority to with mediation, judgment is complementary, especially inthe third person of private lending disputes involving lawsuit cases, case mediation way moreefficient.The second part mainly introduces A county people’s court of folk lending disputes. Fornow, our country related folk lending legislation is difficult to meet the needs of judicialpractice, the judicial practice lack of clear guidance, normative legal socialization isinsufficient, lack of proper vitality, lending to financial regulation causing many falselitigation, increase the risk of private lending society, make the development of privatelending in a hard dilemma was perplexing, stuck in the mire of the folk lending legalintersects.The third part mainly introduces the folk lending related theory analysis of the problem.Private lending is a kind of economic activity, with personal attributes between its main showis a natural person, legal person and the lending relationship between natural person and legalperson, through in-depth analysis its reason is raising funds illegally order a certain threat tofinancial supervision and regulation, is not conducive to the stability of the financial capital flow, but the existence of private lending in the current judicial practice is not only achallenge, the financial mechanism perfect a starting point.The fourth part mainly introduces the improvement of the folk lending. The author basedon the data of empirical research combined with the concrete problems in judicial practiceanalysis, makes every effort to solve the problems found during the research process andconfusion in judicial practice, puts forward the following countermeasures: improve the folklending legal normative, clear the folk lending rules, promote their socialization, and can bedisposed of by private lending shunt way, strengthen the management of private lending andregulating the behavior of private lending, lending to establish a long-term supervisionmechanism and expand the financing channels.