A Study On The Related Problems In The Identification Of Private Lending

Private lending,as a means of financing,goes with human economic activity.In the modern society,private lending is a meaningful supplement to formal financing methods,which has greatly promoted the development of private economy.However,there are many problems in China's trial practice of private lending,especially the identification of private lending.Therefore,in order to help judges make judgments accurately,it is necessary to establish a set of standardized and clear private lending recognition systems.The article addresses the issues of identified in China's private lending trials,and uses empirical analysis,comparisons,and other methods to discuss and try to put forward helpful opinions for the trial practice of China's private lending identification issues.The paper has four parts.The first part is an overview of private lending.In recent years,due to the disorderly development of private lending in our country,there are more and more disputes.However,the unsound laws and regulations have caused the problem need to be solved urgently.This section mainly introduces the concept,basic characteristics,types of private lending and main problem of trail practice.The second part is the analysis of the legislative status and difficulties of private lending in China.With the increasing number of disputes in China's private lending cases in recent years,new problems have emerged in the trial practice of private lending.In order to better solve practical problems,China has been improving and adjusting the relationship between private lending laws and regulations.Although the supreme people's court has issued a number of judicial explanation,however in the process of private lending dispute trial,difficult point problem still exists,how the problem of private lending laws is one of the difficult points of the court.The third part will discuss the determination of civil loan disputes in China.Our country folk lending in the trial practice identity problems mainly has:the cognizance of the folk loan contract,this part will mainly discuss the nature of the folk loan contract identifying problems and the effectiveness of the folk loan contract issues.Second,the amount of private loans,interest recognition issues.The third is the identification of private lending relations.In practice,the parties involved in the civil loan dispute will argue about whether there is a loan relationship.In addition,it is also very prominent to make a lawsuit about the fictitious private loan relationship.The fourth part is the identification disputes.In practice,the parities may argue about the existence of private lending' relationship,and the judges have to face the false litigation.The fourth part is the suggestion to improve the identification of private lending.When determining the private loan contract,it is necessary to clarify the standards that should be followed when determining the validity of the contract,and to follow the scientific method of identifying the contract.When determining the amount and interest of private lending,it is necessary to correctly distinguish and define all kinds of matters that avoid mandatory provisions of law.When determining the relationship between private lending and lending,the judge should strictly examine the subject of lending and make scientific determination based on the experience of trial and life.Private lending is an effective way to promote the circulation of social capital.In order to promote the harmonious and stable development of our country s economy and society,it is necessary to resolve the chaos in private lending trials properly.By clarifying the issue of the identification of private lending in trial practice,it is beneficial for judges to make fair and equitable legal decisions on private lending disputes.