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 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
Article 5 After placing a case on file, if the people's court finds that private lending itself is suspected of illegal fund-raising and other crimes, it shall rule to dismiss the prosecution and transfer the clues and materials suspected of illegal fund-raising and other crimes to the public security or procuratorial organs.
If the public security and procuratorial organs refuse to file a case, or the investigation ends and the case is dismissed, or the procuratorial organs make a decision not to prosecute, or the effective judgment of the people's court determines that it does not constitute a crime such as illegal fund-raising, and the parties bring a lawsuit to the people's court on the same fact, the people's court shall accept it.