The Private Lending Dispute Case Analysis Of Geng V. Ma And Gao

In recent years,with the development of social economy,private lending has developed rapidly.The large number of private lending has effectively eased the financing difficulties of small and medium-sized enterprises and met the funding needs of some market players.However,due to its own spontaneity,complexity and uncertainty,it has caused more disputes in practice.The number of civil lending disputes handled by the court has increased significantly compared with the past,and it has become one of the most difficult types in civil and commercial cases.The adapting private lending activities to the needs of the development of the market economy must be based on laws to regulate private lending transactions.Although the Supreme People's Court issued the Regulations on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases in 2015,the regulations provide a practical judicial basis for the correct and timely hearing of private loan disputes,and play an extremely important role in maintaining the harmonious and stable development of the economy and society.Judicial adjudication has a normative and leading role in private lending activities,and must be dug up through case studies,especially the guiding significance of typical cases for similar cases cannot be ignored.In the case of Geng v.Ma and Gao concerning the legal relationship of the borrower's legitimate heir to pay off the debt on behalf of the borrower after his death,and the case is relatively complicated and involves a large amount of loan.Both parties are not satisfied with the first trial decision made by Dalian Shahekou District People's Court and both of them appeal to the Dalian Intermediate People's Court.The final judgment made by the court of the second trial is quite different from that of the first trial in terms of economic amount,but both parties serve the judgment because it is legal and fair.Therefore,from the perspective of the case,this paper analyzes and summarizes the focus of disputes between the parties and between the court of first trial and the court of second trial,and tries to objectively show the problems faced by the court in the trial of such civil lending dispute cases by the study of legal terms and principles,so as to put forward the specific issues involved on the general judgment path and cases in combination with the corresponding solutions.The determination of the attribute in this case is an important prerequisite for determining the nature of the involved loan,with the focusing on the demarcation of the married couple debt or the personal debt and summarizing the recognition criteria of the married couple debt on the basis of combing the law.On the basis of determining the attributes of the loan,this paper explains the problems of liquidated damages and interest involved in the case and how the burden of proof is distributed among the parties.Finally,combined with relevant legal knowledge and practical experience,in order to better play the positive role of private lending in the market economy and standardize the development of private lending activities.The author recommends that on the premise of improving the relevant system legislation,and the parties should reasonably allocate the burden of proof on both parties.The use of discretion in the trial of private loan disputes can ensure the smooth progress of the trial practice of private loan disputes.Private lending has the irreplaceable position in history and the marketing economy.If the formal financial activity cannot meet the demand of funds in the market,the form of private lending can enrich the financial market,make more private capital flow into the market,ease the capital crisis,enrich the source of funds for the marketing economy,promote progresses of social and economy,and also improve people's living standards.Therefore,the private lending activity need to be effectively guided and gradually standardized and improved under the protection of the legal system in China.