At present, peer-to-peer lending is very popular. Many people will think of online loans when the economic pressure is high. Because of its low application threshold, many people can apply for online loans under the circumstances of great economic pressure. Legal provisions on peer-to-peer lending (I) Legal basis for the operation and charging of P2P peer-to-peer lending platform: Article 424 of the Contract Law stipulates that an intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Article 426 of the Contract Law stipulates that if the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed. (II) Legal basis for the loan between the investor and the borrower: (1) Article 19 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that the legal loan relationship is protected by law. (2) Article 22 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate. (3) Article 6 of "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases" stipulates that the interest rate of private lending can be appropriately higher than that of banks, and 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 from banks. Beyond this limit, the excess interest will not be protected. Article 10 stipulates that a loan relationship formed by one party against its true meaning by means of fraud, coercion or taking advantage of the danger of others shall be deemed invalid. Article 1 1 stipulates that the lender knows that the borrower is borrowing money for illegal activities, and its lending relationship is not protected. Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction does not bear 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. (3) Article 53 of the Guarantee Law of People's Republic of China (PRC) stipulates that if the mortgagee has not been paid off at the expiration of the debt performance period, he may agree with the mortgagor to receive compensation by discounting the collateral or by auctioning or selling the collateral; If the agreement fails, the mortgagee may bring a lawsuit to the people's court. Article 198 of the Contract Law stipulates that when concluding a loan contract, the lender may require the borrower to provide a guarantee. (IV) The State encourages the development of the Internet finance industry: (1) Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises stipulates that the State encourages all kinds of social intermediary institutions to provide small and medium-sized enterprises with services such as entrepreneurship counseling, enterprise diagnosis, information consultation, marketing, investment and financing, loan guarantee, property right transaction, technology holding, talent introduction, talent training, foreign cooperation, exhibitions and so on. (2) On May 4, 2065438+00, Article 36 of "Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment" clearly stated: encourage private capital to enter the financial field and initiate the establishment of financial intermediary service institutions. (3) Paragraph 16 of Article 6 of the State Council's Opinions on Promoting Information Consumption and Expanding Domestic Demand in June/3 proposes to build a safe and credible information consumption environment. Vigorously promote network trust services such as identity authentication, website authentication and electronic signature, and promote electronic business licenses. Promote internet financial innovation, standardize internet financial services, carry out certification of payment facilities of non-financial institutions, build a safe and credible mobile financial public service platform, and promote the development of multi-level payment system. Promote the coordination of national basic databases, financial credit information basic databases and other databases, and support the construction of social credit system. The above is the whole content of this article. At present, China's online lending laws and regulations mainly include contract law, general principles of civil law, relevant provisions of the State Council and Supreme Court, etc. Therefore, we must pay attention to the security of online loans.
Legal objectivity:
Article 11 of the Interim Measures for Personal Loans The application for personal loans shall meet the following conditions: (1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state; (2) The purpose of the loan is clear and legal; (3) The amount, duration and currency of the loan application are reasonable; (4) The borrower has the willingness and ability to repay; (5) The borrower's credit status is good and there is no significant bad credit record; (6) Other conditions required by the lender. Article 12 The lender shall require the borrower to apply for a personal loan in writing, and require the borrower to provide relevant materials that can prove that it meets the loan conditions. Article 13 After accepting the borrower's loan application, the lender shall fulfill the obligation of due diligence, investigate and verify the authenticity, accuracy and completeness of the personal loan application content and related information, and form an investigation and evaluation opinion.