论民间借贷中借贷事实的认定

On the Determination of Borrowing Facts in Private Lending

民间借贷纠纷作为当前各级人民法院受理最多的案件之一,其在事实认定层面上常面临难题。如民间借贷纠纷中刑民交叉问题、实际借款金额的认定、利息约定不明确、虚假诉讼频发等。2015年最高人民法院出台《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》为法官处理民间借贷纠纷提供了一定的指引,但对于实务中类型复杂的民间借贷仍无法全面妥善解决。通过归纳民间借贷事实认定的常见问题和各级人民法院的裁判规则,以期探索民间借贷中事实认定的处理方法。

As one of the most accepted cases of people's courts at all levels, private loan disputes often face difficult problems at the level of fact determination. such as the cross-cutting problem of the criminal people in the private loan dispute, the determination of the actual amount of borrowing, the unclear interest agreement, the frequent occurrence of false litigation and so on. In 2015, the Supreme People's Court issued the Provisions of the Supreme People's Court on Several Issues Concerning the Law Applicable to the Trial of Private Lending Cases provides some guidance for judges to deal with private lending disputes, but it cannot be fully and properly resolved for the complex types of private lending in practice. By summarizing the common problems of the fact determination of private lending and the rules of the people's courts at all levels, the article tries to explore the method of factual identification in private lending.