三级aa视频在线观看-三级国产-三级国产精品一区二区-三级国产三级在线-三级国产在线

Global EditionASIA 中文雙語Fran?ais
China
Home / China / National affairs

Judges seek clarity on illegal lending

By Cao Yin | China Daily | Updated: 2018-08-15 10:10
Share
Share - WeChat

Lawmaker says fraudulent deals should be treated as criminal acts

Judges have called on lawmakers to clearly define illegal private lending and provide guidelines for the police, prosecutors and courts as soon as possible to prevent financial risks.

Personal loans between private parties are legal in China, provided the agreed annual interest does not exceed 24 percent, under guidelines from the Supreme People's Court.

In recent years, disputes over missed payments have become commonplace in civil courts nationwide, as lenders file lawsuits to reclaim the money they are owed, either in cash or other assets, such as property.

However, judicial officials are concerned many cases may involve lenders using illegal methods and manipulation to make large profits from vulnerable borrowers, according to Li Li, a civil court judge who specializes in financial cases in Fangshan District People's Court in Beijing.

Jiang Nan, a criminal judge in the capital's Haidian District People's Court, said that those illegal methods include private lenders offering loans to people who they know will default, so they can force them to hand over property or other assets. That is fraud, Jiang said.

On Sunday, the SPC issued a notice ordering civil courts - which handle the vast majority of private loan defaults - to strictly distinguish crimes from economic disputes when dealing with such cases and to transfer suspect cases to the police.

Li, who is also a national legislator, welcomed the move but said judges still need a clear definition of illegal lending as well as advice on how to collect evidence.

Civil court judges can rule only on the facts in front of them, such as bank transfer documents and loan agreements, she said. Only when there are signs of serious wrongdoing - such as threats of violence or blackmail - will a case be referred to the police for investigation.

Li said her court heard about 400 disputes involving private loans in 2012. Last year, the number was almost 3,000, and she estimated that the vast majority of them involved illegal behavior. However, judges and police struggle to find sufficient evidence to open a criminal case, she said.

"Civil punishments are not powerful enough to solve this increasingly serious problem. We urgently need criminal penalties to combat illegal private lending," Li said. "It should be defined as a crime, as illegal loans cause great damage to social stability, people's personal and property safety and the financial market."

As a deputy to the National People's Congress, Li submitted a suggestion to amend the Criminal Law at the annual session of the top legislature in Beijing in March. Under that suggestion, it would be a criminal offense to fraudulently take possession of another's property in the name of a private loan.

She also highlighted several situations in which lenders should be given heavy punishments, such as when borrowers are injured or die over disputes about private loans.

Li said what she most wants to see is the legislature officially identify the behaviors as soon as possible. Her suggestion has yet to receive a response from the NPC.

Jiang said revising the law needs some time, adding that providing specific steps on how to transfer cases from civil tribunals to police is more practical in the short term.

 

Top
BACK TO THE TOP
English
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
 
主站蜘蛛池模板: 欧美视频国产 | 国产网址 | 国产精品原创巨作无遮挡 | 真实一级一级一片免费视频 | 一 级 黄 中国色 片 | 亚洲综合图片人成综合网 | 一级特黄牲大片免费视频 | 日韩在线视频不卡 | 国产91中文剧情在线观看 | 中文字幕在线日韩 | 欧美 magnet | 国产人妖一区二区 | 无码一区二区三区视频 | 亚洲夂夂婷婷色拍ww47 | 中文字幕在线视频播放 | 精品一区二区在线观看 1080p | 国产人成亚洲第一网站在线播放 | 黄色成人免费网站 | 草草在线观看 | 一级特黄色大片 | 欧美日韩一区二区三区在线播放 | av香港经典三级级 在线 | 不卡视频国产 | 国产成人一区二区在线不卡 | 黄色影院在线观看 | 成人精品人成网站 | 亚洲欧美久久精品一区 | wwww亚洲| 日本久久久久久久中文字幕 | 久久国产精品久久精品国产 | 国产精品成熟老女人 | 久久久久久免费视频 | 在线视频观看免费视频18 | 国产一区二区三区不卡免费观看 | 性欧美激情在线观看 | 欧美限制级在线观看 | 国产国语一级a毛片高清视频 | 日本一级黄色 | 一级毛片美国一级j毛片不卡 | 日本一级毛片视频在线看 | 美女久久久久久久久久久 |