1. When examining a loan case, the court shall require the plaintiff to provide a written loan. If there is no written loan, the necessary factual basis shall be provided. If there is no evidence, the people's court will not accept it. Therefore, when borrowing money, the borrower should take the initiative to write written IOUs, and the lender should also remind the other party to write IOUs. In case of special circumstances, if it is impossible to write the IOUs on the spot, a third person shall testify and make up the IOUs afterwards. The receipt shall specify the names of both parties, loan amount (Chinese characters), loan time, loan purpose, loan interest rate, repayment date, liability for breach of contract and other legal contents agreed by both parties. When making repayment, the lender shall issue a receipt, and the repayment person shall keep the receipt properly to avoid disputes in the future. 2. The purpose of lending is protected by law only if the lending relationship is legal. On the contrary, illegal lending relationships are not protected by law. The legitimacy of lending mainly means that the purpose of lending should be legitimate. If the lender knows that the borrower is engaged in illegal activities such as gambling, fraud, buying drugs or guns and ammunition, such lending behavior is prohibited by relevant laws and is not protected by law, which is illegal or illegal. At this time, the lender not only can't protect his own economic interests, but once he can't get repayment, he will have nowhere to complain. If found, he will be subject to administrative or civil economic sanctions, and serious cases will be investigated for criminal responsibility. In addition, both borrowers and lenders must be voluntary. If one party takes advantage of others' danger and goes against the true wishes of the other party, the loan relationship will be invalid or revocable in law. 3. The interest rate of the loan should be appropriate. Article 26 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases clearly states: "If the interest rate agreed by the borrower and the lender does not exceed 24% per annum, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the interest paid exceeding 36% of the annual interest. " In other words, a loan contract for profiteering is not desirable, and only an appropriate interest rate is legal. The part where the loan interest rate exceeds four times the bank's similar loan interest rate is not protected by law and cannot be supported and confirmed by the people's court in litigation. You must never lend money for profiteering, or you will lose everything. 4. In case of loan collection, we should pay attention to the limitation of action in a timely manner, otherwise we may lose the winning period. Debts that exceed the winning period become natural debts and are not protected by law. When the loan is about to expire, the lender shall recover the loan in time. If the borrower fails to repay the loan within the time limit, according to the relevant provisions of the Civil Procedure Law, the lender may bring a lawsuit to the people's court within two years from the day after the loan is due. In order to prevent the statute of limitations from exceeding, the lender may require the borrower to write a repayment plan or a reminder before the expiration of the statute of limitations, so that the statute of limitations can be recalculated from the date of conclusion of the new agreement. Lenders should pay attention to the borrower's repayment ability to ensure the loan. If the borrower neglects the repayment ability and blindly lends money, the court may not be able to enforce it because the borrower does have the repayment ability for free. Therefore, for large or risky loans, you can ask the borrower to provide corresponding property mortgage, or find a third person with certain economic strength as a guarantor. It should be noted that if the borrower and the lender agree to renegotiate the repayment period or interest rate without the consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. Both mortgage and guarantee should be signed in writing. For quasi-real estate such as real estate and automobiles, mortgage registration must also be carried out in accordance with relevant laws and regulations. 6. Legal responsibilities should be clear. If the loan contract is invalid, it shall be handled in three ways: returning property, compensating economic losses or recovering illegal income according to the provisions of Article 474 of the Civil Code. Returning property is to restore the property relationship of the parties to the state before signing the contract. The invalid loan relationship is caused by the creditor's behavior, and the debtor should only return the principal; Is caused by the debtor's behavior, in addition to returning the principal, but also refer to the bank's similar loan interest rate to pay interest. Compensation means that the party at fault should compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear corresponding responsibilities. Recovery is aimed at violations of national interests or social public interests. If the lender knows that the borrower is lending money for illegal activities, the court has the right to admonish the illegal acts of both parties, order them to make a statement of repentance, confiscate the property involved in the illegal activities, confiscate the illegal income, or impose a fine or detention according to law. Precautions for online lending: Everything is a double-edged sword, and so is online lending. There are advantages and disadvantages, and there will always be some lawless elements who exploit loopholes and seek personal gain. Therefore, we should pay attention to the following points when making online loans: First, we should choose well-known banks and financial institutions. Well-known banks have guarantees and high credibility. Second, don't be confused by "no interest". There is no such thing as a free lunch, and the same unpaid loan is also risky. Third, we should read the terms of the contract clearly. Before signing the contract, you should read all the terms clearly and don't blindly agree or acquiesce.

Legal objectivity:

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 21 The borrower and the lender form a lending relationship through the peer-to-peer lending platform, and the provider of the peer-to-peer lending platform only provides media services. If the party requests it to assume the guarantee responsibility, the people's court will not support it. The people's court shall support the online lending platform providers who explicitly provide guarantees for loans through web pages, advertisements and other media or have other evidence to prove that the lenders request the online lending platform providers to assume the guarantee responsibility.