I. Relevant laws and regulations
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 174 The defendant who must appear in court as stipulated in Article 109 of the Civil Procedure Law refers to the defendant who has the obligation to support, support and support, and cannot find out the case without appearing in court.
The people's court may summon a plaintiff who must appear in court to find out the basic facts of the case and refuses to appear in court without justifiable reasons after two summonses.
Two. People's Republic of China (PRC) Civil Procedure Law
Article 62 If there is an agent ad litem in a divorce case, I shall appear in court unless I can't express my feelings. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
III. If the parties to a case are told by the court that they must appear in court, and cannot appear in court on the day of the court session, they may inform the unit of the legal reasons for not appearing in court after receiving a summons. Relevant laws and regulations: Article 146 of the Civil Procedure Law may postpone the hearing under any of the following circumstances:
(4) (1) The parties who must appear in court and other participants in the proceedings fail to appear in court without justifiable reasons;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
Five: if a lawsuit is filed in a different place, the parties may go to handle it themselves, or entrust their relatives, friends or lawyers to handle it on their behalf. However, a written power of attorney and a complaint signed by the parties concerned shall be provided.
Article 49 of the Civil Procedure Law: The parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement.
A citizen or unit can first judge whether the court has jurisdiction after receiving a copy of the plaintiff's complaint sent by a court in another place. For those who have no jurisdiction, they may file an objection request. If the court is qualified to accept the case, but can't appear in court on the opening day, it can choose to entrust the lawsuit to a formal financial institution to handle the loan, and will not require to pay any fees in advance; Anyone who asks to pay the deposit and bank card activation fee in advance is a fraud; Anyone who asks for the bank card number and password on the grounds of transaction flow should flatly refuse. This is the old routine of online lending! Enter the ID card, bank card, ultra-fast review, and then the loan fails because the card number is wrong.
First, it does not conform to the logic of online lending.
Second, the platform will be charged in the future. The authenticity of the bank card must be verified. Moreover, in terms of bank transfer, online transfer, funds with inconsistent account names and account numbers will also be returned.
Third, there is no risk account at all. Whoever asks you to transfer money first and then lend money will not listen and will not believe it. Don't say that we have no money or lack of money, even if we have money and savings, we can't give it to these people. First of all, this routine is similar to fishing. Take advantage of people's psychological need for money, forge the environment of online lending, and deliberately set traps. As far as his behavior is concerned, he has been suspected of committing a crime.
Fourth, the current P2P platform lending is still very cautious. Especially in the pre-trial stage, big data comparison will be conducted in the background, focusing on reviewing the applicant's qualifications and online loan big data risk control rating. At sixes and sevens, gaudy, dark, the difficulty of lending doubled. This big data is different from the central bank's credit information, and the central bank's personal credit information can be found. But I can't find this. Moreover, after five years of overdue behavior, the central bank's credit information will be deleted, and online loan big data will not. If we never touch online loans and never click online loan links, there is no information about you in this data. But as long as you click and enter the relevant information, there will be a record, and it will always be there. Therefore, I advise you to be cautious about online lending.
Fifth, improve the recognition ability. Now the propaganda about fraud prevention is overwhelming. We have been reminding everyone to raise their awareness of prevention. Eight whatevers are summed up in place:
Sixth, everyone should still keep their pockets tight, improve their identification ability and increase their awareness of risk prevention.
Seventh, the online loan application card number is wrong and cannot be received. Even if there are agreements and order records, it will not be a loan relationship in law. There is no problem of loan repayment, and it is even more impossible to freeze the security account! A friend called the police, and the policeman said that there was no number under the official seal of this business license, and the number was not taken. The business license was fake; Fraudulent loans refer to fraudulent means, false data and false information proof, fraudulent loans, illegal possession and other means to defraud loans. If you don't get it back after running, it is fraudulent lending! All your information is true, and you haven't borrowed any money. Cheat what money? Pay back 10 thousand yuan, and the CBRC will send you an official letter. They are too short of money, too soon! It takes half a year to apply for the official letter and official seal of CBRC. It will be sent to you in a few minutes, but it is illogical. I use online loans, raise loans with loans, raise loans with cards, skip meals in the morning and evening, and calculate the actual interest. This is usury. I can't even pay interest. I work for online lending every day! So be sure to stay away from online loans, don't rush to borrow money and encounter traps, and call the police in time! Recover the loss! Division and other agents will handle it.