According to the second paragraph of Article 174th of the Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC):
The plaintiff who bears the burden of proof refuses to appear in court without justifiable reasons, and the main facts of the case, such as the loan behavior, loan amount and payment method, cannot be confirmed by reviewing the existing evidence, and the people's court will not recognize the facts claimed by him.
Article 19 If a people's court finds any of the following circumstances in the trial of a private loan dispute case, it shall strictly examine the facts such as the reason, time, place, source of the money, mode of delivery, whereabouts of the money, relationship between the borrower and the lender, economic situation, etc., and comprehensively judge whether it is a false civil lawsuit:
(a) the lender obviously does not have the ability to lend;
(2) The facts and reasons brought by the lender are obviously unreasonable;
(3) The lender is unable to submit the creditor's rights certificate or the creditor's rights certificate submitted may be forged;
(four) both parties have participated in private lending litigation for many times within a certain period of time;
(5) One party or both parties refuse to appear in court to participate in the litigation without justifiable reasons, and the entrusted agent's statement of the loan facts is unclear or inconsistent;
(six) the parties have no dispute about the occurrence of the loan fact or the defense is obviously unreasonable;
(seven) the borrower's spouse or partner, other creditors outside the case raised factual objections;
(8) Other parties to the dispute transfer property at a low price;
(nine) the parties give up their rights improperly;
(10) Other circumstances in which there may be false private lending litigation.
Extended data:
According to Article 186 of the Criminal Law of People's Republic of China (PRC), the crime of illegally issuing loans refers to the fact that the staff of banks or other financial institutions issue loans in violation of state regulations, and if the amount is huge or heavy losses are caused, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan.
On the problem of "huge amount" of fraudulent loans and illegal loans After consultation with the Legal Policy Research Office of the Supreme People's Procuratorate Public Prosecution Office, it is believed that although the new standard for filing and prosecuting such crimes is being drafted and revised, the case can be handled according to the specific circumstances of the case and with reference to the "huge amount" in the standard.
The Second Court of Criminal Trial of the Supreme People's Court agreed with the standard of the amount determined in the Standard of Filing a Case for Prosecution (II). Therefore, fraudulent loans and illegal loans, the amount of which is more than one million yuan, can be considered as "a huge amount".
In addition, the object of the crime of illegally issuing loans is loans, that is, the monetary funds provided by the lender to the borrower and repaid the principal and interest at the agreed interest rate and time limit. Loans can be in RMB or foreign currency. If it is not a loan, it cannot constitute the crime of illegally issuing loans.
Baidu Encyclopedia-Crime of illegally issuing loans
Baidu encyclopedia-illegally issuing loans