Behind the phenomenon that the heat of this problem remains high is the unusually hot and abnormal development of the private lending market. The government and the public have long criticized the harm brought by private lending, mainly the chaos of private lending, which has brought great harm to social security, financial order and economic development.
In violation of the criminal law, it is suspected of illegal business operation, usury, fraud, extortion, illegal detention, illegal absorption of public deposits and fund-raising fraud, which seriously endangers the social and economic management order and the personal safety of citizens. Criminal crimes caused by private lending have set off a climax in Liaocheng, Shandong Province (Yu Huan case), exposing the cruelty of private lending in pursuit of interests, and also showing that there are a lot of illegal and criminal acts in judicial practice!
From the folk point of view, how many families and private enterprises have been crushed by usury, and the vitality of the private economy has been seriously hindered. Despite the rapid economic development, the burden on enterprises is too heavy, which seriously restricts the development of private enterprises. What's more, there are many cases where borrowing is a profession.
The introduction of new regulations can effectively curb the common chaos in practice.
First, invalid contracts. The new regulations clearly stipulate several situations of invalid contracts. If the contract is invalid, from a civil point of view, after the contract is invalid, the illegal interest calculated according to the contract will no longer be supported by the court, and the lender's goal of obtaining high profits cannot be achieved.
Second, criminal offences. False litigation, fraud and the crime of illegally absorbing the public are all concrete manifestations of the chaos of private lending. To this end, if there is a criminal suspect in a civil case, the court will no longer handle it and will definitely transfer it to the investigation organ. According to the facts of the case, the investigation organ may file a case for investigation, convict and punish the relevant personnel, and investigate the corresponding criminal responsibility according to law.
Third, after the new regulations come into effect, how to handle and apply the original loan contract dispute cases can be found in the final provisions of the new regulations. In short, the newly accepted cases will be judged according to the new regulations, and those whose interest exceeds the prescribed LPR by 4 times will no longer be supported. It can be seen that in the future, private lending will return to rationality, and the era of barbaric growth will never return.
Fourth, the new regulations also stipulate the responsibility of the guarantor, and still distinguish joint liability and other matters according to the law.
In fact, there are a large number of fraud cases in private lending, that is, designing routines in advance and completing fraud. For example, lend the borrower100,000 yuan, and stipulate the interest, liquidated damages and loan period. However, after the loan term expires, the lender disappears, resulting in the borrower's inability to repay the loan, which leads to overdue. At this point, the lender began a designed routine to take the secured property provided by the borrower as his own. Professional lenders achieve the purpose of illegal possession fraud through a series of operations, and then form routine loans.
What's more, lenders actually introduced routines into campus, campus loans, naked loans, etc., which led to tragedy. According to the new regulations, professional lenders are suspected of committing crimes.
The promulgation and implementation of the new regulations further standardized the private lending market, and also gave formal lending companies an opportunity. For financial institutions such as licensed microfinance companies, it may be a good time to overtake in corners.
After the implementation of the new regulations, if the interest rate standard of 36%/ year has been exceeded, the high interest earned by the lender will be converted into the legal standard of 4 times LPR. If the high interest rate has been paid before the implementation of the new regulations, I believe that many lenders may not sue the high interest rate after the implementation of the new regulations. In this sense, the new regulations can play a good social effect to a certain extent.
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