Study On The Proof Ability Of IOU In Private Lending Dispute

In the general cases of private lending between natural persons,the parties often take the IOU as the certificate for credit rights and simple contract instead of signing a writing private lending contract in writing based on private trust relationship and transaction convenience.IOU often appears in the trial of private lending disputes as the only evidence,in addition,IOU has an irreplaceable position to prove the existence of creditor's rights in the traditional economic concepts,so the review of the probative force of IOU has become the fundamental problem over the cases in private lending disputes.The judicial interpretation issued by the Supreme People's Court stipulates that the IOU have has probative force probative force than over other evidences,but the specific system of evidence rules cannot be built based on this principle.With Considering the pursuit of truth as is our court's' guiding ideology and also the judge's' natural hedge demand.,yet In factin practice,shows that the jJudges rarely cites the principle of opinion on the reviewing ofthe probative force of IOU,sotherefore the probative force of IOU is clearly inconsistent with the traditional concept in law.This article attempts to analyze the reviewing process of probative force in the private lending disputes,understand the probative force of the IOU and the practical application of the related rules of evidence,and analyze the shortcomings under existing rules of evidence system through concluding the Court's tendency opinions in operation.Then it puts forward some suggestions that are helpful to standardize the review of probative force of IOU,hoping to provide some thinking directions for perfecting improving the current system of civil rules of evidence.This paper is divided into: introduction,text and conclusionding in the structure.The first part of the text in the article is to conclude and analyze the judicial property of the IOU.It collects and concludes the definitions of IOU,writing norms and mentioned legal characteristics mentioned in this part,as well asincluding the content of IOU that may affect the probative force,in addition,it analyzes the differences and relations between IOU,credit note and receipts.The second part of the main body is to analyze and conclude the existing laws and regulations related to the IOU.This part refers to the stipulation of existing rules and regulations on the probative force of IOU,analyzes the functions of existing rules of evidence system on the establishment establishing principle of the case facts and the determining facts of IOU.The existing rules of evidence do not actually make up a formal a system,but more is to establish the special provisions in order to adapt to some kinds of situations,and the probative force of IOU cannot be carried out in the rules of evidence system,so the judge can only find suitable provisions to affirm the evidence that is suitsable for the specific case conditions of case from a wide range of justice interpretations,regulations,and guidance in various types,thus identifying is the key evidence of IOU.In fact,this situation leads to the waste of judicial resources and arbitrariness of judgments.Therefore,it is imperative to construct a system of rules of evidence that suitable suits forto the review of the probative force of IOU and allow authorize the judges to dare to review the probative force of IOU in the system.The third part of the text is to analyze the shortcomings pros and cons of the existing evidential system in the aspect of reviewing the probative force of IOU.This part refers the IOU as evidence in special status,its particularity and importance of the proof force,the shortcomings of the existing rules of evidence system in practice,thus putting forward some improvemental suggestions for by the author.