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Notice of the Supreme People's Court on Properly Hearing Private Lending Cases According to the Law [Effective]
最高人民法院关于依法妥善审理民间借贷案件的通知 [现行有效]

Notice of the Supreme People's Court on Properly Hearing Private Lending Cases According to the Law 


(No. 215 [2018] of the Supreme People's Court) (法〔2018〕215号)

The higher 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 Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: 各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:
To a certain extent, private lending meets the diversified financing needs in society and helps form and improve a multi-level credit market, but private lending disputes have also seen an explosive growth, bringing new challenges to the trials of the people's courts. In recent years, new types of crimes have continued to emerge, such as “trap loan” fraud to illegally take possession of property of others by adding false debts, faking evidence, maliciously creating defaults, and charging excessive fees in the disguise of private lending, seriously damaging the lawful rights and interests of the people, disrupting the financial market order, and compromising social harmony and stability. For the purposes of maximizing the evaluation, education and guidance roles of civil and commercial trials, properly hearing private lending cases, and preventing and resolving various risks, you are hereby notified of the relevant matters as follows: 民间借贷在一定程度上满足了社会多元化融资需求,促进了多层次信贷市场的形成和完善。与此同时,民间借贷纠纷案件也呈现爆炸式增长,给人民法院的审判工作带来新的挑战。近年来,社会上不断出现披着民间借贷外衣,通过“虚增债务”“伪造证据”“恶意制造违约”“收取高额费用”等方式非法侵占财物的“套路贷”诈骗等新型犯罪,严重侵害了人民群众的合法权益,扰乱了金融市场秩序,影响社会和谐稳定。为充分发挥民商事审判工作的评价、教育、指引功能,妥善审理民间借贷纠纷案件,防范化解各类风险,现将有关事项通知如下:
I. To increase the scrutiny of facts and evidence of lending: The masterminds of crimes such as “trap loan” fraud show the traits of intellectual crimes. The perpetrators are capable of forming a closed chain of evidence by faking claims and debts, fabricating bank statement trails, and causing defaults by intentional absence, in order to realize illegal purposes by resorting to civil procedures. In hearing private lending cases, a people's court shall not only examine proof of obligations such as certificate of indebtedness, receipt and IOU and payment receipts such as bank statements in accordance with Articles 15 and 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Trying Private Lending Cases, but also make a comprehensive judgment on the veracity of lending based on factors such as the sources of funds, trading habits, financial capability, asset changes, relationship between the parties, and statements of the parties. Where any illegal or criminal act is reasonably suspected, and a party's representative is unable to explain the facts of the case, the people's court shall summon the party to be questioned in person in court about the relevant case facts. Investigation and evidence collection shall be properly strengthened to ascertain the truth.   一、加大对借贷事实和证据的审查力度。“套路贷”诈骗等犯罪设局者具备知识型犯罪特征,善于通过虚增债权债务、制造银行流水痕迹、故意失联制造违约等方式,形成证据链条闭环,并借助民事诉讼程序实现非法目的。因此,人民法院在审理民间借贷纠纷案件中,除根据《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》第十五条、第十六条规定,对借据、收据、欠条等债权凭证及银行流水等款项交付凭证进行审查外,还应结合款项来源、交易习惯、经济能力、财产变化情况、当事人关系以及当事人陈述等因素综合判断借贷的真实情况。有违法犯罪等合理怀疑,代理人对案件事实无法说明的,应当传唤当事人本人到庭,就有关案件事实接受询问。要适当加大调查取证力度,查明事实真相。
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