Judicial Relief For P2P Network Lending Disputes

Capital is the main artery of social and economic operation.Whether for individuals,small and micro-sized enterprises or large and medium-sized enterprises,capital is a hot resource.However,the capital is often associated with the risk.Due to poor anti-risk ability,the individual and small and micro enterprises access to financial support on the road difficult.Capital borrowing on the hands and feet lead that small and micro enterprises are difficult to achieve breakthrough development.Over time,individual entrepreneurship,small and medium enterprises in the community will be more difficult,and the social gap between rich and poor will be further expanded.In the traditional lending and bank lending is difficult to support the capital needs of individuals and small and medium enterprises,P2P lending came into being.It effectively relieves the contradiction between capital supply and demand,and makes up for the shortcomings of the traditional banking loan.Compared with the high threshold and low efficiency of bank loan,it has gained the favor of the public quickly and conveniently.However,with the further development of P2P lending,the disputes arising from this can not be ignored,mainly reflected in the judicial relief system.The legal system of network loan disputes is difficult to determine the nature of the case and qualified parties;the distribution of burden of proof is not clear;the degree of specialization of judges is low;laws and regulations are imperfect,and litigation costs are high.In order to solve these problems,the judicial relief system needs to perfect the legislation,strengthen the court function,clear the distribution of burden of proof,balance the interests of procedures and entities,coordinate the relationship between judicial relief and other remedies,and increase legal norms and risk prevention publicity.A point of view to improve,in order to promote the healthy development of the network lending industry.