Judicial Application and Improvement of the Allocation of the Burden of Proof in Private Lending Disputes
民间借贷案件中举证责任分配的司法适用与完善路径

摘要

民间借贷交易形式灵活，书面凭证、银行转账、现金交付及电子通信记录相互交织，借贷关系成立、 款项交付和债务清偿成为诉讼中的主要事实争点。现行规则已经形成出借人证明借贷关系、借款人证明清偿 或其他抗辩事实，并根据双方举证情况动态调整证明负担的基本框架。司法实践仍存在证明责任与证据评价 混同、单一凭证证明力把握不一、电子数据审查差异等问题。应以法律关系要件划分证明责任，完善动态证 明机制和综合证据审查标准，提高事实认定的稳定性。

Abstract

Private lending transactions take flexible forms, with written instruments, bank transfers, cash payments, and electronic communication records often intertwined. The establishment of the lending relationship, delivery of funds, and repayment of debts therefore constitute the principal factual disputes in litigation. The current legal framework has established a basic structure under which the lender bears the burden of proving the existence of the lending relationship, while the borrower bears the burden of proving repayment or other defenses, with the evidentiary burden being adjusted dynamically in light of the parties’ respective submissions of evidence. Judicial practice nevertheless continues to face problems such as confusion between the burden of proof and evidence evaluation, inconsistent assessments of the probative value of single items of evidence, and divergent standards for reviewing electronic data. The allocation of the burden of proof should be based on the constituent elements of the legal relationship, while the dynamic proof mechanism and standards for comprehensive evidence review should be further improved to enhance the consistency and stability of fact-finding.