Principles of private lending disputes

 1, the people's courts to review a loan dispute when prosecution of the case, requires the plaintiff to provide written ious; no written IOU or cannot be provided, should provide the necessary factual basis or without witness testimony of two or more of such interest, to support their claims.

2, lending interest rates can be appropriate above the bank rate, but shall not exceed a maximum interest rate of 4 times (including interest rates). Beyond this limit, the excess interest is not protected by law. Borrowers could not prove controversial on the agreed interest rate, interest may refer to the above provisions.

3 interest into principal, lenders may not be making usurious hearing borrowers interest into principal found in compound interest and return of principal.

4, both lenders and borrowers have no contract rate dispute, could not prove, can refer to similar loans carry interest at a rate of banks.

5, interest-free loans on a regular basis between citizens, lenders require borrowers to pay for overdue interest, or interest-free loans on a regular basis not of publication; lenders asked to pay the interest of publication may refer to bank interest rates on similar loans.

6, lenders know that illegal activity is to borrow, the loan will not be protected. For both illegal lending activities, in accordance with the relevant laws and sanctions.

7, in the lending relationship, only contacts, introducing people, does not assume liability. On the performance of a debt guarantee, should be recognized as a surety and bear the suretyship liability.

8, one on behalf of the borrower ious issued by borrowing on their behalf, the borrower does not recognize, the perpetrator could not prove, by the perpetrator bears civil liability.

9, during the partnership, individual borrowing on behalf of the partnership, for partnership, reimbursed by the partners; borrowers do not prove the loan used for the operation of the partnership, by the borrowers.

10, the debtor may transfer, dispose of, conceal property in connection with the case, the Court may, upon application of the parties or ex officio, seal up, distrain, freeze or be ordered to provide guarantees of property preservation measures. Property subjected to preservation of the means of production, shall order the applicant to provide security. Property preservation according to the nature of the preservation of the property using the proper manner to minimize the effect on production, to avoid property damage.

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