Legal analysis: Private lending belongs to the loan contract category. Loan contracts mainly include financial loans and private loans. A loan contract is established when the borrower receives the loan. Once the third party is unwilling to appear in court to testify, it will be difficult for the court to determine that the loan relationship between the two parties is established. When lending, borrowers should promptly understand the other party's creditworthiness, economic status, performance ability, whether there is collateral, and check whether there is a list of dishonest people. They should not lend to others because the current interest rate is slightly higher.
Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 1 "Private lending" as mentioned in these regulations refers to natural persons, legal persons, other organizations and their mutual The act of financial intermediation between. This provision does not apply to disputes arising from the granting of loans and other related financial services to financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business.