According to Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, when a lender brings a lawsuit to a people's court, it shall provide debt certificates such as IOUs, receipts and IOUs, as well as other evidence that can prove the existence of the legal relationship between lending and borrowing.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution.
Extended data:
The relevant requirements of private lending cases stipulate:
1. The people's court shall support the non-governmental loan contracts concluded between legal persons and other organizations and between them for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions, where the parties claim that the non-governmental loan contracts are valid.
2. If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall, in accordance with the provisions of Article 52 of the Contract Law and Article 14 of these Provisions, determine the validity of private lending contracts.
3. Legal persons or other organizations raise funds from employees in the form of loans within their own units for the production and operation of their own units, and there are no circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it.
Harbin Pingfang District People's Court-Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases