Study On The Burden Of Proof Of Plaintiff In Loan Disputes

Lending behavior has been a very common social behavior since ancient times.With the development of society and the evolution of political civilization,the legal system has been constantly improved and improved.Folk lending behavior is a social behavior adjusted by law,which can alleviate short-term financial difficulties of individuals or organizations through lending.Based on the social characteristics of mutual assistance and mutual benefit between people,private lending has a social basis of existence.It can not only solve the temporary problems of individuals,but also rapidly revitalize enterprises that lack capital.It has positive effects on both individual and social economic development.If both parties fully perform the loan and repayment behavior,there will be few disputes and contradictions.However,as the private lending becomes more and more widespread,the parties to the loan violate the principle of good faith and cannot repay the loan as scheduled.According to the latest statistics,private lending dispute cases have been in the family after the total number of cases,the number of increasing.The folk loan behavior is the civil legal behavior formed by the two parties voluntarily.Because the form of borrowing and lending is arbitrary and obligatory.The amount of the loan can be transferred through multiple deliveries,with the development of science and technology,a variety of social software or mobile banking.The reason for the transfer is not clear,but the simple flow of money from one account to another.When the lender asks the borrower to repay the loan,it can't Sue the defendant to return the loan to defend its property rights.Of course,in real cases there are also ACTS of false litigation,through the judicial way to encroach on the legitimate rights and interests of the defendant,so that the defendant bear a huge amount of borrowing.As a civil action,the identification of folk lending legal relationship is governed by substantive law,such as general principles of civil law,contract law,security law and other laws,and litigation procedures of folk lending disputes,such as civil procedure law and evidence law.The initiation of the civil procedure requires the plaintiff to file a lawsuit request to the court,and the advancement of the civil procedure requires the original defendant to adduce evidence for his civil claim so as to convince the judge that his claim is established.The Supreme Court issued the judicial interpretation of "several issues on the application of law in the trial of folk lending disputes" in order to correctly handle folk lending disputes and more accurately protect the rights of theplaintiff and the defendant.Scholars discuss the distribution of burden of proof between the plaintiff and the defendant in the judicial interpretation of folk lending.The proof level of the plaintiff and the defendant needs to reach the proof level.The plaintiff needs to provide the court with the evidence needed to prove the facts of the case.For some reason,the plaintiff was unable to provide full evidence to prove the facts of the case.The civil procedure law is reasonable,sufficient and highly probable to the standards of evidence.This paper analyzes the scope of burden of proof for the private plaintiff and the difficulties faced by the private lending dispute cases by classifying the dispute types.Finally find out the countermeasure that solves current problem from among them.