Question 1: How is private lending established? Is "ZhangJike IOU" protected by law? ?
A few days ago, Li Weiao, a reporter who exposed this news, attached a loan contract to his long article. The screenshot of this loan contract shows that the loan amount is 5 million and the loan period is 25 days. After 25 days, the interest will be calculated at the monthly interest rate of 1.99%, and there is no lender's name on the loan contract. ?
Xia Hailong said that the private lending contract is a practical contract. In addition to reaching a loan agreement, the borrower and the borrower also need the lender to actually deliver the loan to the borrower, and the legal parties to the loan are established. ?
Regarding whether the online "ZhangJike IOU" is legal, Jia pointed out that, first of all, it is blank at the lender, which does not meet the requirements of completeness. Is there any other evidence to support it? Whether the judge can confirm its authenticity and legitimacy needs further confirmation of facts and evidence. ?
"Secondly, the IOU shows the agreed interest rate. According to 18, in August, 2020, the Supreme People's Court stipulated that the maximum interest rate of private lending should not exceed 4 times of the one-year LPR interest rate. In recent years, the one-year LPR interest rate is about 15%, which is only about 1.3% based on the monthly interest rate. Therefore, even if the online' ZhangJike Loan' is supported by the court, the interest will be discounted, that is, some will not be supported. " ?
Question 2: Are gambling debts protected by law and must be repaid? ?
In life, some people borrow money because of gambling. Xia Hailong said that gambling is illegal in China. If it is for profit, or even suspected of gambling, gambling debts are not protected by law. In China's judicial practice, the nature of gambling debts is similar to natural debts, that is, creditors cannot recover gambling debts through judicial procedures, and the gambling debts that have been delivered cannot be demanded to be returned through judicial procedures. ?
Xia Hailong said that if the lender knows that the borrower's purpose of borrowing is to participate in gambling or other illegal acts, the loan will be invalid because it violates public order and good customs or the mandatory provisions of the law. ?
Jia mentioned that if it is not a gambling debt directly owed, or the lender doesn't know it, but borrows money from others for repaying gambling debts or other purposes, then the loan is legal and should be returned. ?
Question 3: What are the legal responsibilities for spreading private photos or videos of others? ?
According to Lan, it is illegal to spread private photos of others. According to the relevant laws and regulations of the Public Security Administration Punishment Law, spreading others' privacy will be punished by detention and fine depending on the seriousness of the case. Worse, he may violate the criminal law and be suspected of spreading obscene articles, and be sentenced to fixed-term imprisonment of not more than two years, public surveillance or criminal detention. ?
In addition, according to the provisions of the Civil Code, privacy is a private space, private activities and private information that a natural person is quiet in his private life and does not want to be known by others. Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects. The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. ?
Jia said that the disseminator may constitute an infringement of the disseminator's reputation and privacy, and may be required to bear tort liability such as mental damage or property loss. ?
Xia Hailong said that personal private video is illegal content that seriously infringes on the legitimate rights and interests of others. The law prohibits the dissemination of such content and the actors from profiting from it. The behavior of exchanging women's privacy for benefits has broken through the most basic moral and ethical bottom line in modern society, and has also greatly impacted the public's values of marriage and love. ?
"In response to this rumor, if the party clearly reveals that the creditor used this video to ask the victim for money when providing the video to the creditor, it is suspected of instigating extortion." Xia Hailong said. ?
Question 4: Some netizens "seek videos" and "seek resources" in the comment area of related topics, and some even replied "read and add WeChat". Are there any legal risks in these behaviors? ?
Jia said that this behavior itself is still a moral constraint. Whether it is illegal or not depends on whether the object behind it will change the legal relationship and cause damage to it, thus causing the consequences of legal sanctions. ?
"For example, in the process of' one request and one delivery', illegal communication is involved. As mentioned above, it may involve civil liability, administrative punishment or criminal liability. " She reminded that the internet is not a place of extra-legality, but a kind one. ?
Question 5: If the statement of the public figure studio is untrue, do you have to bear legal responsibility? ?
Xia Hailong believes that public figures have the right to clarify and take legal measures in the face of social doubts. If they just deny the public's doubts, they will not be involved in new legal disputes. However, if the public's doubts are true, false statements are undoubtedly an excuse to evade responsibility. In addition to bearing the consequences of wrong behavior, they will also lose social trust.
Refer to the above contents: Red Star News-China News Network: Five Questions about the "ZhangJike Incident"