Study On Proof Problem Of Private Lending

Through the research,it is found that although the “Supreme people’s Court Regulations on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases” has undergone two revisions,the article number sixteen has not changed a lot.In this provision,the plaintiff filed a private lending lawsuit with single proof,such as transfer documents of financial institution.At present,there is no general understanding of this article in academic,and various viewpoints have not been deeply analyzed.After searching a large number of relevant cases,it is found that different judgments have been made in same cases.The confirmation of lending facts is the core for private lending disputes,the proof and question process of lending facts are the key for the court to solve the contradiction.With the study of article 16 of judicial interpretation on private lending,this thesis studies a typical case of Hao.sued Ma.disputes over private lending,analyzes the existing problems,and put forward relevant suggestions,which has certain theoretical and practical significance.Using literature research and case analysis method,this thesis takes Hao.sued Ma.disputes as the research object,analyzes the trial process and judgment views of the two courts,put forward the errors and specific countermeasures.There are five chapters in this thesis: The first chapter is the introduction,including research background and research significance,literature review,research content and research methods;chapter two summarized the case,including the trial process and the focus of the dispute;chapter three is the presumption of lending consent and its application in this case;chapter four is the third party of contract,analyze their performance and its application in this case;chapter five is the revelation of this study,such as common litigation and legal countermeasures on private lending trial.Based on the actual needs of trial practice,it is suggested that in article 16 of judicial interpretation on private lending,the judges need more discretionary in fact findings,rather than a mechanically application of law.At the same time,it could be better to guide people’s legal behavior and legal awareness,as the process of presumption and judgment recorded meticulously in the judgment documents,...