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民间借贷是当事人采取的融资形式之一,因为此类纠纷诉诸人民法院审判的案件并不少见。民间借贷纠纷属借款合同纠纷。①最高人民法院《关于人民法院审理借贷案件的若干意见》(以下简称《借贷若干意见》)(法[民]发[1991]21号)第1条首次在法律上正式承认了民间借贷,具有重要意义。该司法解释施行了23年,甚有必要对人民法院审理此类纠纷进行经验总结。为此,本文以西宁市城东区人民法院民间借贷裁判文书文本为切入点,就裁判文书涉及的相关问题进行实证分析,以探求司法裁判方法的规律。
Private lending is one of the forms of financing taken by the parties, as it is not uncommon to resort to court trials in such disputes. Private lending disputes are loan contract disputes. ① The Supreme People’s Court, Article 1 of the “Opinions on Several Issues concerning the Trial of Cases of Borrowing by People’s Courts” (hereinafter referred to as “Several Opinions on Borrowing”) (Law [Min] [1991] No. 21) formally recognized for the first time in the law the formality of private lending, Significance. This judicial interpretation has been in operation for 23 years, and it is very necessary for the people’s court to sum up experiences in handling such disputes. Therefore, based on the civil loan judgment documents of Chengdong District People’s Court in Xining City, this essay makes an empirical analysis of the relevant issues involved in the judgment instruments to explore the law of judicial adjudication methods.