First, the ancient lending culture
Legal creditors in private lending disputes are generally victims of default by private credit executors, while lenders in formal legal private lending are mostly normal lending behaviors between relatives and friends or acquaintances. At the beginning, the borrower offered to borrow money for help, and the lender lent money out of respect for relatives and friends and this trust relationship. But what we are facing now is not only the loss of promotion funds, but also the betrayal of relatives and friends.
Therefore, the term "Lao Lai" is not a standard legal term, and there is no such term in all legal provisions. However, even if there is the name of an old liar, it cannot express the anger of legal creditors or legal lenders.
This old lai is not the old lai. Our country has a developed surname culture, one of which is lai xing. Generally, the elders in lai xing are called Lao Lai, just as the elder surnamed Zhang is called Lao Zhang and the boss surnamed Wang is called Lao Wang.
However, among the people, the statement that the person who has broken his promise is called Lao Lai only expresses the feelings of their normal legal creditors. I believe that most creditors have no intention of belittling Lai culture.
Therefore, in order to adjust the period, we will turn Lao Lai into a faithless person.
The so-called debt repayment is natural, and it is not difficult to borrow something again. These traditional lending cultures of our Chinese nation are also seriously challenged by this tacit behavior today.
Second, the default behavior can not be punished, which is the root cause of Lao Lai's rampant.
At present, the law calls the breach of contract dispute a private lending dispute, so why should it be called a dispute rather than a criminal act? Why do you call a faithless person Lao Lai rather than a criminal suspect?
This is mainly because in private lending cases, the facts of debt are relatively clear and controversial. Even the defaulter himself has no meaning to this borrowing fact. Except in rare cases, that is, those phenomena that are not recognized as loan disputes.
However, these debt behaviors of private lending are all within the civil scope, and few of them violate the criminal law. Basically, after the court's decision, the facts are right or wrong, how to implement it, how to perform it, how to repay the arrears, etc. Are relatively clear. Therefore, simple debt repayment behavior, especially debt repayment behavior caused by private lending relationship, can only be classified as a civil case, but not as a criminal act. In the end, due to the non-criminal behavior of private lending, more and more debtors are involved.
Therefore, the breach of contract can not be punished, which is the root cause of breach of contract.
Third, the existing legal punishment methods are weak and cannot constitute an effective deterrent to defaulters.
At present, the main compulsory measures taken by the court against the person who has broken his promise are: blacklist publicity, restriction of high consumption, property investigation and control, judicial detention, refusal to execute judgment and sentencing, etc. Except for the crime of refusing to execute the judgment, the rest are civil means.
1, property inspection and control: it is to seal up and control the property of the defaulter. Is it useful to check and control property? Yes, but it won't help much. Because there is basically no property under the name of the defaulting person to seal up and freeze, it has long been transferred away.
2. Restricting high consumption order: Restricting high consumption, as the name implies, means restricting luxury consumption and luxury consumption, but these do not affect Lao Lai's daily life, and in fact, they cannot really limit high consumption. The deadbeat can completely change a vest to spend.
3. judicial custody. Detention has always been regarded as the most severe punishment for Lao Lai, but the longest detention 15 days, the real effect of detention is not ideal.
4. The publicity of the list of people who have lost their trust is the blacklist publicity, including online publicity, street publicity, customized color ring tones and so on. This means is nothing more than trying to indirectly play a role in Lao Lai through the power of moral public opinion. But in fact, it doesn't work for real deadbeats.
5. Finally refused to execute the judgment. Judging from the published data, there are very few defaulters who can really be investigated for criminal responsibility for refusing to execute the judgment, basically not even 1‰. Can such a sentencing rate play a deterrent role in punishing Lao Lai?
Therefore, the loss of the culture of paying debts and borrowing money, the simple breach of contract being classified as a civil dispute rather than a criminal offence, and the lack of enforcement means have led to more and more breach of contract.