According to the Jiangsu Higher People's Court, in the past five years, Jiangsu courts have accepted 500,096 cases of private lending, including 20 14126,786 cases, an increase of 79. 10% compared with 20 10 cases, with an average annual growth rate of10. 1 By July this year, the courts in Jiangsu Province had received 80,320 new cases of private lending, up 4.63% year-on-year. Private lending cases have surpassed marriage and family cases and become the first category of civil and commercial cases. The relevant person in charge of the Higher People's Court of Jiangsu Province analyzed that the average amount of each private lending case in Jiangsu Province reached 480,500 yuan, and the highest amount reached more than 300 million yuan. Private lending is different from the traditional small capital turnover, showing distinct operational characteristics. In view of the frequent and complicated cases of private lending, Jiangsu High Court, while standardizing the trial of cases, once again issued ten cases of private lending to warn people to guard against lending risks. At the press conference that day, the Higher People's Court of Jiangsu Province specifically listed eight risk warnings: First, evidence should be preserved when lending funds. The proof of private lending includes two elements: the agreement of lending and the delivery of money. Therefore, it is best to issue a written debit note for lending funds, and fix the payment delivery evidence through bank transfer to avoid disputes over whether to lend funds afterwards. Second, be cautious as a guarantor. The person who appears in the name of the guarantor on the IOU shall bear the guarantee responsibility, not just the witness, and shall bear the repayment responsibility when the debtor fails to repay. Third, usury is not protected by law. Private lending should abide by the maximum interest rate limit prescribed by law. When lending funds, the lender agreed to pay a high interest rate, and those with an annual interest rate exceeding 24% will not be protected. Fourth, stay away from illegal fund raising. Borrowers who borrow a large amount from an unspecified public may constitute crimes such as illegally absorbing public deposits or fund-raising fraud. When lending funds, the lender shall investigate the borrower's credit status and examine whether the borrower is engaged in illegal fund-raising activities. 5. Illegal debts are not protected by law. Break-up fees caused by improper relationships between men and women, entrustment fees caused by "looking for a relationship trustee" and gambling debts caused by gambling are all illegal debts, and even if an IOU is signed, it is not protected by law. Never forget not to exceed the time limit. After the loan expires, the lender shall actively claim the creditor's rights. If the lender has never claimed the creditor's rights within two years after the loan expires, the borrower may claim that the loan has expired without returning it. Seven, the signing of commercial housing sales contracts to obtain loans should be cautious. The lender shall guarantee the performance of the debt by means of legal guarantee such as mortgage. If the lender only signs a commercial housing sales contract with the borrower or distrains the real estate license as a loan guarantee, it should generally be handled as a private lending relationship. If the parties advocate auctioning the subject matter of the sale contract to repay the loan, they can support it. Eight, false litigation should be investigated for legal responsibility. The court may take compulsory measures such as fines and detention for those who are found to belong to false litigation, and shall also bear criminal responsibility if the case constitutes a crime.
Legal objectivity:
Article 12 of the Measures for Payment of Litigation Fees: In the course of litigation, the expenses that should be borne by the parties according to law, such as appraisal, announcement, inspection, translation, evaluation, auction, sale, custody, storage, transportation, ship supervision, etc., shall be decided by the people's court according to the principle of who advocates and who bears, and the people's court shall not collect and pay them on its behalf. The people's court shall, in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law, provide translation of the spoken and written languages commonly used in the local countries without charge. Article 29 of the Measures for Payment of Litigation Fees shall be borne by the losing party, unless the winning party voluntarily bears it. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the parties lose the case, the people's court shall decide the amount of litigation expenses to be borne by each party according to the interest relationship between the parties and the litigation object.