民間借貸多發生(shēng)于熟人朋友間，大(dà)家的法律意識薄弱，交易法律手續不完善，很容易産生(shēng)糾紛。當糾紛産生(shēng)，保留好證據是關鍵，哪些材料可以作爲證據保留呢?我(wǒ)(wǒ)們一(yī)起看下(xià)文的詳細介紹!　　民間借貸主體的法律意識淡薄，交易法律手續不完備，借貸行爲隐秘性強，容易引起法律糾紛。小(xiǎo)編在此提醒，借貸雙方一(yī)定要保留好證據。

　　一(yī)、保留好證據的重要性有哪些?

　　根據《民間借貸規定》第十六條規定：原告僅依據借據、收據、欠條等債權憑證提起民間借貸訴訟，被告抗辯已經償還借款，被告應當對其主張提供證據證明。

　　被告提供相應證據證明其主張後，原告仍應就借貸關系的成立承擔舉證證明責任。被告抗辯借貸行爲尚未實際發生(shēng)并能作出合理說明，人民法院應當結合借貸金額、款項交付、當事人的經濟能力、當地或者當事人之間的交易方式、交易習慣、當事人财産變動情況以及證人證言等事實和因素，綜合判斷查證借貸事實是否發生(shēng)。

　　現實中(zhōng)，原告提起訴訟往往僅依據借據等債權憑證或者僅依據金融機構轉賬憑證作爲證明借貸關系已經發生(shēng)的證據，如果被告抗辯已經償還借款，或者被告抗辯轉賬系償還雙方之前借款或其他債務，在此情況下(xià)，就存在着證明責任的承擔問題，而不能僅僅依據借據、收據、欠條等，簡單地認定借貸關系已經發生(shēng)以及已經發生(shēng)的借貸關系的内容。

　　二、哪些材料可作爲證據?

　　1、傳統證據

　　(1)借條

　　(2)借款合同等

　　2、電子數據證據

　　(1)放(fàng)款記錄：用于證明債權人通過指定賬戶向債務人實際劃付了一(yī)定數額的借款。此外(wài)，第三方支付公司蓋章的放(fàng)款憑證也可以用來證明債權人通過第三方支付公司将借款交付給了債務人。

　　(2)短信及電話催收記錄：可以證明債權人曾多次以各種方式催告債務人還款，延長訴訟時效。

　　(3)代付服務協議和委托書：可以證明債權人通過第三方支付平台進行了相關代付事宜。

　　(4)債權轉讓通知(zhī)：可用于證明債權人通過轉讓的方式獲得了債權，并依照法律規定向債務人發送了債權轉讓通知(zhī)。

　　(5)居間方後台記錄：證明債務人的還款情況及尚未償付的本金數額。

　　(6)其他合同或者記錄：證明其他相關事項。

Private lending often occurs among acquaintances and friends. Everyone's legal awareness is weak and the transaction legal procedures are imperfect, which is easy to produce disputes. When a dispute arises, the key is to retain the evidence. What materials can be retained as evidence? Let's look at the details below! The legal consciousness of private lending subjects is weak, the transaction legal procedures are incomplete, and the lending behavior is secretive, which is easy to cause legal disputes. Xiaobian reminds that both lenders and borrowers must keep good evidence.

1、 What is the importance of keeping good evidence?

According to Article 16 of the provisions on private lending: the plaintiff brings a private lending lawsuit only based on the promissory note, receipt, IOU and other creditor's rights documents. The defendant defends that the loan has been repaid, and the defendant shall provide evidence to prove his claim.

After the defendant provides corresponding evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship. If the defendant defends that the loan has not actually occurred and can make a reasonable explanation, the people's court shall comprehensively judge and verify whether the loan has occurred in combination with the loan amount, payment, the economic capacity of the parties, the local or inter party transaction mode, transaction habits, changes in the parties' property, witness testimony and other facts and factors.

In reality, the plaintiff often brings a lawsuit only based on the creditor's right certificate such as the receipt of loan or the transfer certificate of financial institution as the evidence to prove that the loan relationship has occurred. If the defendant defends that the loan has been repaid, or the defendant defends that the transfer is to repay the previous loan or other debts of both parties, in this case, there is a problem of bearing the burden of proof, not just based on the receipt of loan Receipts, IOUs, etc., simply identify the occurrence of the loan relationship and the content of the loan relationship that has occurred.

2、 What materials can be used as evidence?

1. Traditional evidence

(1) Debit note

(2) Loan contract, etc

2. Electronic data evidence

(1) Loan record: used to prove that the creditor has actually transferred a certain amount of loan to the debtor through the designated account. In addition, the loan certificate sealed by the third-party payment company can also be used to prove that the creditor has delivered the loan to the debtor through the third-party payment company.

(2) SMS and telephone collection records: it can prove that the creditor has repeatedly urged the debtor to repay in various ways and extended the limitation of action.

(3) Payment service agreement and power of attorney: it can prove that the creditor has made relevant payment through the third-party payment platform.

(4) Notice of assignment of creditor's rights: it can be used to prove that the creditor has obtained the creditor's rights through assignment, and sent the notice of assignment of creditor's rights to the debtor in accordance with the law.

(5) Background records of the intermediary: to prove the repayment of the debtor and the amount of outstanding principal.

(6) Other contracts or records: to prove other relevant matters.