Legal Problems Of Private Lending In China

Currently, the private lending disputes has become after marriage and family disputes in the second type of civil action. Private lending disputes very large number of cases, coupled with the diversity and complexity of the case, which gives the People’s Court case of private lending has brought many problems. Supreme People’s Court Judicial Committee on June 23,2015 1655 meeting, discussed and adopted the "Supreme People’s Court on the trial of private lending case law applicable to a number of issues," and in August 6,2015 published in September 2015 from January 1 implementation. The judicial interpretation is a historic progress, breaking the traditional concept of many restrictions on private lending, private lending has given new life to create a lot of new rules for private lending in the new period to resolve disputes provides a new dimension, whether It is of great significance in theory and practice.In this paper, the new regulations on legal problems of private lending terms were discussed, pointing out where the dispute and put forward their comments or suggestions. Currently, the private lending disputes become more complex, its original legal relationship of purely legal relationship lending, the current development is often mixed with other different legal relationships, such as marriage and family relations, sponsorship and so on. Further evidence of the parties saved the lack of awareness and false litigation and other reasons have led to the Court of Justice in private lending disputes, the facts of the case more difficult. Therefore, the first part of the private lending During the trial the fact-finding problems are discussed, mainly for the fact finding specific applicable law, put forward their own views.The second part, due to the very popular p2p net loan platform, but the lack of supervision, fewer legal restrictions, and its products have diverse variation of the dangers of illegal fund-raising, often p2p platform design group of interests, in the form of very serious, so the p2p platform legal problems are analyzed, mainly to sort out the obligations and responsibilities of p2p net loan platform should fulfill in order to clarify its responsibilities when disputes to better resolve disputes in favor of the right to relief parties. The third part of the selection of private lending disputes litigation mode cross of the civil law and criminal law made discussions. Select cross of the civil law and criminal law pattern has always been difficulties and focus of private lending, and more controversial. The new judicial interpretation of article private lending cross of the civil law and criminal law the different treatments were discussed. Discusses the controversy and problems to be solved in different modes exist. At the same time learn from foreign processing mode, make some suggestions.In short, the private lending occupies a very important position in China’s market financing, stability and development of the financial markets have a role can not be ignored. With its rapid development, all kinds of new situations are also emerging, therefore legal and judicial practice should continue to improve in order to meet the needs of the market and society.