To a certain extent, private lending activity can bring vitality to the financial market, promote the development of small and medium -sized enterprises, and solve the funding problem of enterprises. However, in recent years, private loans, especially some online loans, are under the guise of unsecured and unpaid guarantee, “routine loans”, high -interest lending, violent collection, malicious lawsuits, false lawsuits, seizures over the standard, etc., and even extended the magic claws towards it toward Campus seriously affects social order and threatens the safety of the people. Some “routine loans” criminal means have initially have the prototype of intellectual crime and strong hiddenness, and use public power to sweep the tail. Victims are often difficult to protect their rights due to difficulty in proof. In the State Council has organized the “Special Rectification of Internet Financial Risk”, the central bank and the Securities Regulatory Commission and other departments have jointly actions to introduce many new regulations. The six major areas of online lending, equity crowdfunding, and virtual currency trading have launched centralized investigation and rectification, and severely crack down on illegal online loans. 1. The “Notice on Regulating the Correction of Civil Loan Cruel Actions to Maintenance of Economic and Financial Order” issued by the China Banking Regulatory Commission clearly stipulates The loan is daily business activities; in the private lending, the borrower’s funds must be their own funds for their legal income. It is forbidden to absorb or disguise other people’s funds for borrowing; (Fee) Disguis -in -the -loan behavior shall be severely crackd into blows. 2. The “Regulations on Several Issues on Applicable Laws of Civil Loan Cases” and the “Civil Code” issued by the Supreme Law in August 2020 clearly clearly explicitly quoted the interest rate of interest rate loan markets for private lending, with an annual interest rate of 15.4% On the left and right, at the same time, for the transfer of loans to financial institutions, funding to employees of the unit, or obtained by the loan of funds obtained from the public illegal absorption of deposits, and the lenders who have not obtained loans in accordance with the law Those who provide borrowings to the society that provide borrowings, borrowers know or know in advance or should know that borrowers who are used to borrow from illegal and criminal activities that still provide borrowings, violate the law, mandatory regulations of administrative regulations, and violate public order and customs. 3. The “Civil Procedure Law” stipulates that “the people’s court determines that the implementation of the ruling violates the public interest of social public interests shall not be implemented. After review, the court can rulks not to be executed. Therefore, when we are conducting online loans, we should pay attention to the following items: . See if these online loan institutions have the qualifications issued by government agencies, whether the interest rate is in line The law stipulates; . If there is an illegal possession of the property of others, many online loan institutions are to obtain interest returns. Through the design routine, the borrower can be forced to return to the borrowers. The purpose of illegal possession of the property of the borrower. 3. Is there any obvious unreasonable and unreasonable terms of the loan contract, and all documents must be stored in all the documents. The illegal crime of litigation is reported to the police in a timely manner while retaining evidence.
. In case of debt collection, see if the debt collection method is mandatory, whether it is violent, “soft violence”, nourishing or using a lawsuit with a lawsuit Forcing the victim to repay the debt.
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