Circular of the Supreme People's Court on Lawfully and Properly Trying Private Lending Cases
Circular of the Supreme People's Court on Lawfully and Properly Trying Private Lending Cases
Circular of the Supreme People's Court on Lawfully and Properly Trying Private Lending Cases
Fa [2018] No.215
August 1, 2018
High people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the People's Liberation Army, and the Court of Xinjiang Production and Construction Corps under the High People's Court of Xinjiang Uygur Autonomous Region,
Private lending satisfies diversified financing demands of the general public, to some extent, and helps form and improve the multi-layer credit loan market. However, disputes over private lending have experienced explosive growth at the same time, posing a new challenge to the trials of people's courts. Recent years have seen an increasing number of new crimes, such as the crime of fraud by laying loan traps, that are committed under the cover of private lending to illegally encroach on others' property by "inflating the debt", "fabricating evidence", "causing breach of contract maliciously", "charging fees of a large amount" or otherwise, and these offenses have seriously impaired the lawful rights and interests of the people, disrupted the order of the financial market and affected the social harmony and stability. For the purpose of fully playing the evaluating, educating and guiding functions of trials of civil and commercial cases, properly trying cases involving disputes over private lending, and preventing and resolving various risks, relevant matters are hereby notified as below.
I.
......