Legal analysis: under the fancy collection of the platform, credit will be damaged, and being blacklisted will affect personal credit information; Penalty interest and liquidated damages, high interest and corresponding liquidated damages.
Legal basis: whoever, imitating Article 300 of the Criminal Law of People's Republic of China (PRC), refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
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What should I do if the online loan is overdue for arbitration?
If the online loan is arbitrated, you can apply to the court for cancellation. Arbitration is different from enforcement. After arbitration, you can only apply to the court with an arbitration letter. After accepting the case, the court will notify the parties, and if it does not accept the arbitration procedure, it may raise a defense. If the arbitration fails to notify the parties or mediate, even if it is executed by the court, it will be the principal plus the statutory interest rate, and the arbitration is also time-limited.
Legal analysis
Arbitration means that the two parties to the dispute reach an agreement on a voluntary basis, and the dispute is submitted to a third party who is not a judicial institution for trial, and the third party makes an award that is binding on both parties to the dispute. Network arbitration is a system and way to solve disputes, and arbitration institutions are different from courts. The court exercises judicial power entrusted by the state, and there is no need for both parties to reach an agreement before litigation. As long as one party brings a lawsuit in a court with jurisdiction, after the court accepts it, the other party must respond. Arbitration institutions are usually non-governmental organizations, and their jurisdiction to accept cases comes from the agreement of both parties. Without an agreement, they have no right to accept the case. Many online lending platforms know that the business is irregular and non-compliant, and then they know that they can't sue through the normal process court, so when lending money, they will secretly add an arbitration agreement to the contract. Many people may not care or know the existence of this arbitration agreement. After the deadline, it will be arbitrated by the network. Don't worry. The Arbitration Commission will also conduct arbitration according to laws and regulations. It can participate in the defense normally, collect evidence synchronously, prepare for the defense, and then give reasonable and well-founded feedback. Don't worry too much when you take part in the arbitration defense. Even if the best arbitration result loses, it must be applied for enforcement through the court if it wants to land in the implementation stage.
legal ground
Article 16 of the Arbitration Law of People's Republic of China (PRC) includes the arbitration clause in the contract and the arbitration agreement reached in other written forms before or after the dispute. The arbitration agreement shall include the following contents: (1) the expression of intention to request arbitration; (2) Arbitration matters; (3) Select the Arbitration Commission.
Article 62 of the Arbitration Law of People's Republic of China (PRC), the parties shall perform the award. If one party fails to perform, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The people's court to which the application is made shall execute it.
Is it true that online loan arbitration is overdue?
It's true. Online loans are overdue for too long and may be arbitrated.
If the online loan is overdue for more than 90 days, the borrower will be sued by the platform, and the court may arbitrate the borrower after comprehensively considering various circumstances, and the arbitration judgment will also have a negative impact on his personal credit. If the circumstances are serious, it will also lead to the borrower being included in the national personal credit blacklist and becoming a faithless person, which will have a certain impact on future generations.
Second, what should I do if the online loan is overdue for arbitration?
After the overdue arbitration of the borrower's online loan, he actively cooperated with the relevant work of the court.
The online lending platform can sue the borrower to the court and apply to the court for enforcement after repeated collection. If the borrower has no property available for execution or refuses to perform, it will record negative information such as overdue in the personal credit record report, which will restrict the borrower's high consumption and entry and exit, and may be seriously detained by the judiciary.
Arbitration is not equal to execution. If the borrower does not accept the procedure, he can raise a defense, and the court will handle such incidents according to the actual situation. If arbitration is not notified, mediation will not be conducted, because arbitration also has a time limit, and even if the court executes it, there will only be a fee of principal plus legal interest rate.
What does online loan arbitration mean? What's the impact?
Arbitration and prosecution are essentially means to mediate disputes. The most popular explanation for arbitration is that there is a contradiction between the two parties, so please ask a person who trusts each other to mediate. After mediation, everyone can't go back on their word, or they will be punished voluntarily. In itself, we should stand in a fair position and let everyone be willing to yield to their own demands and ask for judgment. If the user encounters online loan arbitration, it may be enforced by the court decision of the place of residence or property, and even have a criminal record. As for the property under my name, it will also be used to repay the loan. If the user still does not repay the loan, it will be announced to the public, so that the user will become the executor of dishonesty. After becoming a faithless person, you will be restricted from spending. Therefore, the judgment of online loan arbitration is basically equivalent to the judgment of the court, and the user's overdue loan loss. It is best to negotiate repayment with lending institutions and try not to go to the step of online loan arbitration.
1. Arbitration refers to a dispute settlement method in which both parties agree to submit the dispute to a third party (with recognized status), and the third party will judge and make a decision according to the merits of the dispute. Legally, it generally refers to a system in which the parties voluntarily submit their disputes to an arbitration tribunal composed of arbitrators from non-judicial institutions for arbitration according to the arbitration agreement concluded between them and are bound by arbitration. Arbitration activities, like court trial activities, are related to the substantive rights and interests of the parties and are one of the ways to solve civil disputes. ? Arbitration refers to a dispute settlement method in which both parties agree to submit the dispute to a third party (with recognized status), and the third party will judge the merits of the dispute and make a ruling. Arbitration is different from litigation and trial, which requires the willingness of both parties, and it is also different from compulsory mediation, which is a special kind of mediation. Arbitration is voluntary arbitration, which is different from compulsory arbitration such as litigation.
2. Commercial arbitration refers to a way that the buyer and the seller sign a written agreement before or after the dispute occurs, and voluntarily submit the dispute to a third party agreed by both parties for arbitration, so as to solve the dispute. There are two forms of arbitration agreement: one is concluded before the dispute occurs and usually appears in the contract as an arbitration clause; The other is an agreement concluded after a dispute has occurred and submitted to arbitration. These two forms of arbitration agreement have the same legal effect. Basic explanation: [Arbitration] A recognized third party arbitrates between the disputing parties? .
Three. Article 2 of the Arbitration Law stipulates: "Contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects may be arbitrated". Three principles are defined here: first, the parties to a dispute must be civil subjects, including domestic and foreign legal persons, natural persons and other legal person organizations with independent subject qualifications; Second, the disputed matters in arbitration should be matters that the parties have the right to dispose of; Third, the scope of arbitration must be contract disputes and other property rights disputes. Contract disputes refer to disputes arising from the conclusion or performance of various economic contracts by both parties in economic activities, including domestic economic contract disputes, intellectual property disputes, real estate contract disputes, futures and securities trading disputes, insurance contract disputes, loan contract disputes, bill disputes, mortgage contract disputes, transportation contract disputes, maritime disputes between legal persons and natural persons with equal subjects at home and abroad, and foreign-related disputes involving Hong Kong, Macao and Taiwan provinces.