These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses. 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 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and the place of performance of the contract cannot be determined according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the money is located. Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant.
Where the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant. 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. Article 6 If a people's court finds clues and materials related to a private lending dispute case but different from the facts, it shall continue to try the private lending dispute case and transfer the clues and materials suspected of illegal fund-raising to the public security or procuratorial organs. Article 7 The basic facts of disputes over private lending must be based on the trial results of criminal cases. If the criminal cases have not been concluded, the people's court shall make a ruling to suspend the proceedings. Article 8 If the borrower is suspected of committing a crime or is found guilty by an effective judgment, and the lender sues the guarantor for civil liability, the people's court shall accept it. Article 9 A loan contract between natural persons shall be deemed to be established under any of the following circumstances:
(1) Pay in cash from the date when the borrower receives the loan;
(2) If the payment is made by bank transfer or online electronic remittance, it shall be counted from the time when the funds reach the borrower's account;
(3) If the bill is delivered, it shall be from the date when the borrower obtains the bill right according to law;
(4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account;
(5) The lender provides the loan in other ways agreed with the borrower and actually performs it. Article 10 Except for the loan contract between natural persons, if the parties claim that the private loan contract will take effect upon the establishment of the contract, the people's court shall support it, unless otherwise agreed by the parties or stipulated by laws and administrative regulations. Article 11 The people's court shall support the private loan contract concluded between legal persons or unincorporated organizations for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law of People's Republic of China (PRC) and Article 14 of these Provisions, if the parties claim that the private loan contract is valid. Article 12 Where a legal person or an unincorporated organization raises funds from employees in the form of loans for the production and operation of its own unit, there is no situation as stipulated in Article 52 of the Contract Law of People's Republic of China (PRC) and Article 14 of these Provisions, and the parties claim that the private loan contract is valid, the people's court shall support it. Article 13 If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall, in accordance with the provisions of Article 52 of the People's Republic of China (PRC) Contract Law and Article 14 of these Provisions, determine the validity of private lending contracts.
If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or that it constitutes a crime in an effective judgment, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties. Article 14 In any of the following circumstances, the people's court shall deem the private loan contract invalid:
(a) Obtaining loans from financial institutions for lending;
(2) Lending money from other profit-making legal persons, raising funds from employees of the unit or illegally absorbing funds from public deposits;
(3) Lenders who have not obtained the loan qualification according to law provide loans to unspecified social objects for the purpose of making profits;
(four) the lender knows or should have known in advance that the borrower's loan is used for illegal and criminal activities, but still provides loans;
(5) Violating the mandatory provisions of laws and administrative regulations;
(6) Violating public order and good customs.