Private lending is a lending dispute case in civil cases. For loan dispute cases, the parties may bring a lawsuit to the people's court in the place where the defendant is domiciled or the place where the contract is performed; however, if the parties have legally agreed in the loan contract that the people's court in the place where the plaintiff is domiciled, where the subject matter is located, or other places that are actually connected with the dispute shall have jurisdiction, then file a lawsuit in the court agreed upon by the party.

Legal Analysis

General loan disputes are a civil legal relationship, which should be regulated by civil laws and do not generate criminal liability. However, if the perpetrator actually defrauds property in the name of loan, he should be punished with the crime of fraud. The most important thing to distinguish between the crime of fraud in the name of loans and loan disputes is to find out whether the perpetrator has the purpose of illegally possessing other people's property. Loan disputes, that is, financial loan contract disputes. Loan disputes are called financial loan contract disputes in the Supreme People's Court's cause of action regulations. They refer to the loan contract signed between the lender and the borrower (including: loan type, purpose, amount, interest rate, term, repayment method, the rights and obligations of both parties, liability for breach of contract and other matters agreed by both parties), because the borrower did not use the loan for the purpose agreed in the contract and misappropriated the loan for other purposes; the borrower failed to repay the loan principal and interest on time Loan contract disputes between lenders and borrowers arising from or related to such reasons. For a legally obtained loan, if the loan is not used according to the prescribed purpose and the loan is not returned when due, it cannot be convicted and punished for loan fraud, and it should be regarded as a loan dispute. Litigation initiated due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 3 The People's Court accepts cases between citizens, between legal persons, and other The provisions of this law shall apply to civil lawsuits brought between organizations and between them due to property relations and personal relations.

Article 23: Litigation initiated due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed.

Article 34 The parties to a contract or other property rights dispute may agree in writing to choose the defendant’s domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff’s domicile, the location of the subject matter, etc. that are actually related to the dispute. The people's court in the place shall have jurisdiction, but shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.