Judicial Determination Of Professional Lending In Civil Lending ——Example Of A Civil Lending Dispute Between Liu Mouyan And A Qingdao Investment Co.Ltd.

As formal finance continues to improve and develop,the wind of private lending is blowing stronger and stronger,and is becoming an indispensable and useful addition to the formal financial environment.Where there are people,there are disputes,and as a product of man-made emergence,disputes arising from private lending have come one after another,in which professional moneylenders have begun to emerge.However,in practice,it is very difficult to identify professional moneylenders and to confirm the invalidity of the contract,because not only is there the challenge of difficult evidence,but also many professional moneylenders are good at playing the game of "rubbish",covering up their real purpose through legal forms,resulting in professional moneylenders being treated as ordinary private lending in practice,and the judge can at most impose a corresponding restriction on the excessive interest rate.The most that can be done is to limit the interest rate.Based on this,this paper takes the case of Liu Mouyan and a private lending dispute with Qingdao Investment Co,First,the focus of the case: 1.Whether an investment company is a professional lender;2.Whether the loan contract signed between Liu Mouyan and an investment company is valid;3.Liu Mouquan and other actual users need to assume the repayment obligations to an investment company;Then the case analysis according to the existing laws and regulations,judicial interpretations,legal theory,and find a large number of practical cases,as a guide,and finally concluded that the plaintiff in this case as a professional lending and then lead to the practice of the questions we may throw out and put forward solutions,and finally return to the case combined with the current status of the judicial system on the regulation of professional lending and the parties involved in the case to prove the professional lending behavior may fall into the In the end,we will return to the present case,taking into account the current state of regulation of professional money lending within the judicial system and the difficulties that the parties involved may encounter when proving professional money lending,with a view to promoting the improvement and development of legislation and justice in this area.