The full text of the notice on properly handling private lending disputes according to law, promoting economic development and maintaining social stability

Notice on properly handling private lending disputes according to law, promoting economic development and maintaining social stability.

Judicial interpretations include the Supreme People's Court's Notice on Properly Handling Private Lending Disputes to Promote Economic Development and Maintain Social Stability, the Supreme People's Court's Opinions on People's Courts Handling Lending Cases, and the Supreme People's Court's Provisions on Several Issues Concerning the Trial of Economic Disputes Suspected of Economic Crimes.

Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:

At present, China's economy has maintained steady and rapid development, and the overall situation is good. However, due to various factors such as changes in the international and domestic economic situation, the debts related to private lending in some places could not be paid off in time, debtors fled and small and medium-sized enterprises closed down, which had a great impact on local economic development and social stability, and related disputes increased in a short time.

Extended data:

Identification of the subject of loan responsibility:

7. The legal representative shall issue an iou. If the legal representative of the company does not indicate his identity when issuing the loan, the court may consider that it is a personal loan rather than a company loan.

8. Blank receipts and blank receipts stamped with the financial seal of the unit provided by the relevant personnel of the borrowing unit based on the intention of harming the national interests are invalid, but they cannot exempt the unit from civil liability for returning the loan to a third party.

9. Identification of personal loan between husband and wife During the marriage relationship, the amount of foreign debt borrowed by one party obviously exceeds the needs of daily life, and the creditor fails to prove that it has reason to believe that the loan is made by both husband and wife, which can be identified as one party's personal debt.

10. Inheritance of loan claims After the death of the lender, its heirs have the right to claim the creditor's rights from the borrower.

Baidu Encyclopedia-A Guide to the Application of Private Lending Law and Policy Cases