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随着市场经济的发展,公民之间的经济交往日渐频繁,私人之间用于生产、经营活动的民间借贷日益增多。由此引起的债务纠纷屡屡发生,法院受理的债务案件明显呈上升趋势。究其原因,主要表现在以下几个方面:一、不注重证据民间借贷大部分发生在亲戚朋友之间,有相当一部分是口头协议,君子协定,双方赁良心和信用,没有规范,对还款日期、利息、保证人都没有明确约定,一旦发生纠纷,争执不休,很难断案。而我国法律规定:人民法院审查借贷案件的起诉时,根据民事诉讼法第108条的规定,应要求原告提供书面证据;无书面借据的,应提供必要的事实根据。对于不具备上述条件的起诉,裁定不予受理。
With the development of market economy, the economic exchanges between citizens have become increasingly frequent, and the private lending to private persons for production and business activities has been increasing. The resulting debt disputes occur frequently, the court accepted the debt situation was clearly on the rise. The reason is mainly reflected in the following aspects: First, do not pay attention to evidence Most of private borrowing occurs between relatives and friends, a considerable part of the verbal agreement, the gentleman agreement, both conscience and credit, no norms, repayments Date, interest, the guarantor did not expressly agreed, in the event of disputes, endless disputes, it is difficult to file a case. Our law stipulates: When examining the prosecution of a loan case, the people’s court shall, according to the provisions of Article 108 of the Civil Procedure Law, require the plaintiff to provide written evidence; without written evidence, the necessary factual basis shall be provided. The prosecution does not have the above conditions, the ruling will not be accepted.