Online lending is very unreliable, basically usury, or usury. We strongly oppose this lending method and use the flower buds with the most credibility.
Relevant legal provisions of online loans
(1) The legal basis for the operation and charging of P2P online lending platform:
Article 424 of the Contract Law stipulates that an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays remuneration.
Article 426 of the Contract Law stipulates that if the broker facilitates the establishment of the contract, the client shall pay the remuneration as agreed.
Legal basis for investors and borrowers to borrow money:
1. Article 19 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that legal loan relations are protected by law.
2. Article 22 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the relevant provisions of the state on limiting the loan interest rate.
3. Article 6 of "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases" stipulates that the interest rate of private lending can be appropriately higher than the bank's interest rate, and local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times that of similar bank loans (including this interest rate). Beyond this limit, the excess interest will not be protected.
Article 10 stipulates that a loan relationship formed by one party against its true meaning by means of fraud, coercion or taking advantage of the danger of others shall be deemed invalid.
Article 1 1 stipulates that the lender knows that the borrower borrows money for illegal activities, and its lending relationship is not protected. Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction does not bear the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it should be recognized as a guarantor and bear the guarantee responsibility.
(3) Article 53 of the Guarantee Law of People's Republic of China (PRC) stipulates that if the mortgagee has not been paid off at the expiration of the debt performance period, he may agree with the mortgagor to discount the collateral or be compensated with the proceeds from auction or sale of the collateral; If the agreement fails, the mortgagee may bring a lawsuit to the people's court. Article 198 of the Contract Law stipulates that the lender may require the borrower to provide a guarantee when concluding a loan contract.
(4) The State encourages the development of Internet finance industry:
1. Article 40 of the Law on the Promotion of Small and Medium-sized Enterprises in People's Republic of China (PRC) stipulates that the state encourages all kinds of social intermediary agencies to provide small and medium-sized enterprises with services such as entrepreneurship counseling, enterprise diagnosis, information consultation, marketing, investment and financing, loan guarantee, property right transaction, technical support, talent introduction, talent training, foreign cooperation, exhibition and legal consultation.
2.201may 14 article 36 of the State Council's opinions on encouraging and guiding the healthy development of private investment clearly states: encourage private capital to enter the financial field and initiate the establishment of financial intermediary service institutions.
3.20 13, 10, 14 "Several Opinions of the State Council on Promoting Information Consumption and Expanding Domestic Demand", article 6, paragraph 16, proposes to build a safe and credible information consumption environment foundation. Vigorously promote network trust services such as identity authentication, website authentication and electronic signature, and promote electronic business licenses. Promote internet financial innovation, standardize internet financial services, carry out certification of payment facilities of non-financial institutions, build a safe and credible mobile financial public service platform, and promote the development of multi-level payment system. Promote the cooperation between the national basic database, the basic database of financial credit information and other databases, and support the construction of social credit system.