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Private lending disputes are on the rise

examination of private lending cases, longchang Court clung to the new situation, new characteristics, promoting special trial, crack down on illegal fund-raising practices, continue to regulate the order of private financing, to guide and safeguard the sound development of private lending.

longchang Court in trial civil borrowing disputes case in the found, this class case incidence and of involved amount rose trend obviously; subject increasingly diversification; accused unaccounted for or refused to should v of situation increasingly general; large standard of case spurt, borrowing case in the usury phenomenon General exists; borrowing guarantees behavior not specification, effect has creditors achieved guarantees real right or achieved claims of difficulty; 2013 accepted case 136 pieces, amount for 32.17 million Yuan, 2014 accepted 269 pieces, Amount of 122 million Yuan, compared with 97.8% and 280.7% respectively in 2015 and sharp rise in number of cases in January-November, receiving 624 cases, civil cases account for 15.8%, RMB 345 million, 2014 is the year number of cases brought before the 2.3 times, amount is 2.8 times times throughout 2014.

private loan dispute case and working practices: hold fast to the new situation, new characteristics, promoting special trial, crack down on illegal fund-raising practices, continue to regulate the order of private financing, to guide and safeguard the sound development of private lending. Guide focusing on litigation, strengthen examination; focus on mediation, improve handling efficiency; pay attention to uniform scales, carry out special trials focusing on joint law enforcement, highlight combat guard; focusing on education and guidance, focus on publicity;

and Chen xiaobin also highlights to the media at seven lending risk warning:

1. lend money should save the evidence. For proof of private lending, including lending agreement and payment delivered by two elements, lend money, best written IOU and fixed payment through a bank transfer or any other means the delivery of evidence, so as to avoid wrangling occurred afterward on whether to lend money.

2. carefully served as guarantor. On the promissory note to ensure the person's name appears, shall undertake suretyship liability, rather than just a witness, when defaults do not repay the loan by the debtor shall bear the responsibility.

3. the usury is not protected by law. Private lending should conform to the legal maximum limits on interest rates, lenders in loan funds, agreed to annual interest rates of more than 24% parts are protected by law.

4. stay away from illegal fund-raising. If the borrower is not specific to the community public borrowing a large amount, may constitute illegal pooling of public deposits or raising fraud and other crimes. When lenders in loan payments should investigate the credit status of the borrower, examine whether borrowers are engaged in illegal fund-raising activities.

5. illegal debt cannot be protected by law. Break fee arising from improper relationships, "" looking for relationship, tuorenqing "who caused by expenses, gambling debts due to gambling debts is illegal, even if you signed a promissory note, are not protected by law.

6. remember not to exceed the limitation. Lenders should actively assert a claim after the loan expires, if the lender has never advocated a claim within two years after the expiry of the loan, the borrower may assert limitation has been exceeded without the repayment of loans.

7. the fraud litigation to pursue legal responsibilities. In divorce proceedings, a spouse and a third person fictional debt and request he shall bear the responsibility of the spouses, not to support it. The guise of divorcing to evade the debt of both spouses, should still bear joint and several liability for the debts of the duration of conjugal relations. Identifying false lawsuit, fines, detention and other coercive measures could be taken by the Court, constitute a crime, criminal responsibility.

and Chen xiaobin next increase private lending dispute case to the media: with the deepening of economic reform and development of the economic situation, private lending activities will be more complicated. Our dispute will further increase private lending for trying cases, pay close attention to the County borrowing in the case of new situations and new problems, and implementation of relevant laws, regulations, judicial interpretation, uniform law applicable standards, to promote longchang stable and healthy economic development to provide stronger judicial guarantees and services.