according to article 16 of the general principles of the civil law of People's Republic of China (PRC), citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability. ?
according to article 18 of the general principles of the civil law of People's Republic of China (PRC), the debt should be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court.
referring to article 11 of the general principles of the civil law of People's Republic of China (PRC) and the general principles of the civil law of People's Republic of China (PRC), if a citizen or legal person who bears civil liability needs to be investigated for administrative responsibility, it shall be investigated for administrative responsibility; If the case constitutes a crime, the legal representative of a citizen or legal person shall be investigated for criminal responsibility according to law.
with reference to article 26 of the provisions of the Supreme People's Court on several issues concerning the application of laws in the trial of private lending cases, if the interest rate agreed by the borrower and the lender does not exceed 24% per annum, the people's court shall support it. The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
Extended data
Referring to Article 134 of the General Principles of Civil Law of People's Republic of China (PRC), the main ways to bear civil liability are:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminate the danger;
(4) returning property;
(5) restitution;
(6) repair, rework and replacement;
(7) compensation for losses;
(8) Pay liquidated damages;
(9) eliminate the influence and restore the reputation;
(1) apologize.
the above methods of bearing civil liability can be applied separately or in combination. In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.
referring to article 5 of the provisions of the Supreme People's Court on several issues concerning the application of laws in the trial of private lending cases, if the people's court finds that private lending itself is suspected of illegal fund-raising crimes, it shall rule to dismiss the prosecution and transfer the clues and materials suspected of illegal fund-raising crimes to the public security or procuratorial organs.
if the public security and procuratorial organs refuse to file a case, or the case is dismissed after investigation, or the procuratorial organs make a decision not to prosecute, or the people's court decides that it does not constitute the crime of illegal fund-raising, the people's court shall accept the case if the parties bring a lawsuit to the people's court on the same fact.
referring to article 13 of the provisions of the Supreme People's Court on several issues concerning the application of laws in the trial of private lending cases, if the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall, in accordance with the provisions of Article 52 of the Contract Law and Article 14 of these Provisions, determine the validity of private lending contracts.
if the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or that the effective judgment has determined that it constitutes a crime, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties.
referring to article 14 of the provisions of the Supreme People's Court on several issues concerning the application of laws in the trial of private lending cases, the people's court shall consider the private lending contract invalid in any of the following circumstances:
(1) the borrower knows or should know in advance that he has obtained credit funds from financial institutions and lent them to the borrower at a high interest rate;
(2) The borrower knows or should know in advance that the funds obtained by borrowing from other enterprises or raising funds from employees of the unit are lent to the borrower for profit;
(3) The lender knows in advance or should know that the borrower is still providing loans for illegal and criminal activities;
(4) violating social public order and good customs;
(5) other violations of mandatory provisions of laws and administrative regulations.
China People's Congress Network-General Principles of Civil Law in People's Republic of China (PRC)
the Supreme People's Court-Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases