Legal analysis
If you owe the loan and don't pay it back, it's just a civil dispute. Under normal circumstances, he will not go to jail and will not be investigated for criminal responsibility. After the loan expires, the borrower will be notified to repay the loan within a period of time in the form of a reminder. If the borrower still fails to repay the loan, a special person will be assigned to settle it through consultation. After the bank wins the case, if the parties fail to perform the court decision within the performance period, they may apply to the court for enforcement. When accepting the execution, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law; In addition, if the debtor has no executable property and refuses to perform the effective judgment of the court, his personal credit report will contain negative information such as overdue payment, and he will be restricted from high consumption and entry and exit, and may even be punished by judicial custody. Those who have the ability to refuse to execute are suspected of refusing to execute the judgment or ruling. If the lender fails to recover the loan for many times, the creditor will directly deal with the collateral to pay off the remaining debts. But for borrowers, this method can be used as the second best policy.
legal ground
Article 179 of the Civil Code of People's Republic of China (PRC) bears civil liability mainly in the following ways: (1) Stop the infringement; (2) remove obstacles; (3) eliminating danger; (4) returning property; (5) restitution; (six) repair, rework and replacement; (7) continue to perform; (8) Compensation for losses; (9) Paying liquidated damages; (ten) to eliminate the influence and restore the reputation; (eleven) apologize. Where the law provides for punitive damages, such provisions shall prevail. The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.