1. Borrowing money between friends with IOUs is a civil legal relationship, that is, the relationship between creditor's rights and debts, which is not illegal; Because there is no violation of the criminal law, debts can be recovered through civil proceedings;

2. Debt disputes are civil cases, and debtors generally do not bear criminal responsibility;

3. After the judgment of the court, the debtor has the ability to refuse to execute the judgment, which is suspected to constitute the crime of refusing to execute the judgment or ruling and may bear criminal responsibility. The main differences between loan fraud and private lending are as follows:

(1) The subjective intentions of the actors are different; The fraudster subjectively has the intention of illegal possession, that is, the perpetrator has the intention of not paying back the loan. The crime of fraud takes the illegal possession of the actor as the subjective element. Therefore, the liar's borrowing money is only a fictional cover, and subjectively there is no intention of returning it. However, normal borrowers are interested in repayment when borrowing money, and it is often only because of objective reasons that the debt cannot be repaid in time;

(2) Actors adopt different ways; When borrowing money, fraudsters will use fictional facts and conceal the truth, which will lead to the wrong understanding of the victims, such as fictional borrowing for some investment or profit-making activities, or fictional financial situation, which will make the victims mistakenly think that they have the ability to return. In normal lending, borrowers often tell the purpose of the loan truthfully and rarely use deception;

(3) Actors have different attitudes towards borrowing. Liars will not consider returning property after defrauding it, so they have no worries and constraints on the use of property, which directly leads to the loss of property, such as using loans for gambling, drug abuse or personal extravagance; In private lending, the borrower has the ability to repay the loan, or uses the loan in a way that can generate legal income to ensure the repayment of the loan.

Legal basis: Article 667 of the Civil Code of People's Republic of China (PRC).

A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article six hundred and eighty

It is forbidden to lend at high interest rate, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.