What is the legal basis of online loan management rules?

1. What is the legal basis of the detailed rules for the management of online loans? Provisions of the Loan Agreement "Several Opinions of the Supreme People's Court on Handling Loan Cases by People's Courts" Article 10: The loan relationship formed by one party in violation of its true meaning by means of fraud or coercion or by taking advantage of the danger of others shall be deemed invalid. Article 11 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: Lenders know that borrowers borrow money for illegal activities, and their lending relationship is not protected. Article 198 of the Contract Law stipulates that when a loan contract is concluded, the lender may require the borrower to provide a guarantee. The guarantee shall comply with the provisions of the Guarantee Law of People's Republic of China (PRC). Article 13 of the Supreme People's Court's Opinions on People's Courts Handling Loan Cases: In the loan relationship, the person who only plays the role of contact and introduction does not assume the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility. Article 2 1 1 of the Contract Law: "If there is no agreement or unclear agreement on the payment of interest in the loan contract between natural persons, it shall be deemed as non-payment. If the loan contract between natural persons stipulates the payment of interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate. " Article 6 of the Supreme People's Court's Opinions on People's Courts Handling Lending Cases: "The interest rate of private lending can be appropriately higher than that of banks, and the local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar loans of banks. Beyond this limit, the excess interest will not be protected. " Chapter 23 "Intermediary Contract" of the Contract Law clearly stipulates that an intermediary can provide intermediary services concluded in a loan contract and collect corresponding remuneration from the principal according to law. Therefore, the existence of loan service institutions and the collection of service fees are in line with the law and protected by law. Two. Interim Measures for the Management of peer-to-peer lending 20 18 On February 28th, Guangdong Provincial Finance Office issued the Notice on Implementing the Interim Measures for the Management of Business Activities of Peer-to-Peer Lending Information Intermediaries, which came into effect on March 26th, 20 18 and was valid for 3 years. [7] Account Supervision The main reasons for the escape and fraud of P2P platform are: the supervision of intermediate funds accounts is lacking, and P2P platform has the right to allocate funds in intermediate accounts. Intermediate fund account is established for transaction verification and posting, and its establishment is a necessary part of P2P platform. However, at present, the intermediate fund accounts of domestic online lending platforms are generally in a regulatory vacuum, and the right to allocate funds is still in the hands of the platform. If the time difference and terms are not strictly controlled, the moral hazard caused by the deposit of funds in intermediate accounts such as "absconding with money and using it for other purposes" is great. Therefore, by monitoring the source, custody, settlement and ownership of capital flow, analyzing the roles of all parties involved in credit activities in detail, and monitoring the "earmarking" of intermediate fund accounts, the possibility of P2P online lending platform intervening in illegal fund-raising or commercial fraud can be avoided, and it is also beneficial for relevant departments to conduct social financing statistics and monitoring analysis. Domestic P2P online lending platforms generally open intermediate fund accounts in banks and third-party payment platforms to realize intermediate transfer settlement. The general attitude of fund custodians is to allow accounts to be opened, but not to allow supervision. The regulatory authorities can consider appointing a custodian to be responsible for the intermediate fund account, so that the platform itself can only view the account details, but can't call the funds at will. In addition, a professional certification body can also be established to certify the security of funds independently of the P2P platform. Policy Supervision Because P2P online lending is still a new industry in China, the state has not conducted targeted supervision on it. There is no doubt that P2P online loan business is helpful to solve the funding problem of SMEs. As a kind of non-governmental lending, although the loan cost is high, the reason for enterprises to choose is that the funds arrive quickly and the loan threshold is low, especially to solve the short-term temporary capital turnover. Regulatory thinking 20 11On August 23rd, the general office of the China Banking Regulatory Commission issued the Notice on the Risk Warning of Renren Loan, which clarified that four red lines should be reasonably set for the business boundary:1,clarified the intermediary nature of the platform 2, clarified that the platform itself should not provide guarantee 3, and should not engage in fund pools 4, and should not illegally absorb public deposits. After the industry norms are achieved, the CBRC and banks or banks will not be allowed to participate in the business. In view of the mixed industries in P2P peer-to-peer lending, provincial regulatory authorities can learn from modern information technology, establish relevant electronic registration and fund custody control systems, do a good job in special governance, and promote the healthy development of online lending platforms. To sum up, there are certain risks in peer-to-peer lending, and netizens should weigh the advantages and disadvantages of peer-to-peer lending appropriately to reduce the occurrence of fraud and deception. At the same time, the consumers of online loans are mostly young people, and most of them are college students. In terms of network management measures, we should strengthen the network education for college students and put an end to obtaining money by deception or illegal means, otherwise we will bear corresponding legal responsibilities.