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民间借贷纠纷表象纷繁复杂,从案件类型看,有的是混淆了民间借贷与买卖合同关系、财产抵押担保关系,有的是涉嫌虚假诉讼或者经济犯罪。在民间借贷纠纷案件审理中,大部分案件的法律适用比较简单,而事实认定部分却显得复杂,这是因为民间借贷有着浓厚的民间性。审理民间借贷纠纷这类案件,需要司法审判人员注重民间借贷纠纷赖以形成的基础性社会关系的考察,包括民间社会规则的了解、习惯法的运用。
The appearance of disputes over private lending is complicated. According to the types of cases, some are confused about the relationship between private lending and sale and purchase contracts and mortgage insurance, and some are suspected of false litigation or economic crimes. In the case of civil loan disputes, the application of law in most cases is relatively simple, while the fact-finding part is complicated. This is because private lending has a strong folk character. The trial of such cases as private lending disputes requires that judicial adjudicators pay attention to the investigation of basic social relations formed by disputes over private lending, including the understanding of rules of civil society and the application of customary law.