If compared with the number of overdue loans, the number of people actually sued by small loan companies is not that many. First of all, not all loans issued by small loan companies are protected by law. Only loan companies holding financial licenses issued by the China Banking and Insurance Regulatory Commission are qualified to lend, and the lending rates of lending institutions holding financial licenses must not exceed national benchmarks. 4 times the interest rate, the excess interest is not protected by law.
1: Prosecution is the act of filing a lawsuit in court in accordance with the law and requesting the court to try a specific case. The prosecution of a criminal case consists in requesting the court to convict and sentence the defendant through trial; the filing of a criminal incidental civil lawsuit consists in requesting the court to hold the defendant accountable for financial compensation through trial. Prosecutions must be made by citizens or legal persons with the right to sue in a court of competent jurisdiction in accordance with the law.
Two: In China, the prosecution of criminal cases mainly refers to the public prosecution initiated by the People's Procuratorate. Only complaints and other minor criminal cases that do not require investigation are filed by the victim or his legal representative. Private prosecution; civil lawsuits attached to criminal cases can be filed by the victim and his legal representative, or by the People's Procuratorate and the infringed legal entity.
Three: Prosecution in the Civil Procedure Law means that the subject of a civil legal relationship petitions the court in his or her own name because his or her civil rights and interests, or those under his or her management and control according to law, are infringed upon, or a dispute arises with others. Litigation actions that are protected by trial.
Four: Prosecution in criminal proceedings refers to state agencies and citizens who have the right to accuse, filing a lawsuit with the court in accordance with the law, requesting the court to conduct a trial on the content of the accusation, so as to determine the criminal liability of the defendant and impose criminal penalties in accordance with the law. sanctioned litigation activities. Various cases heard by the People's Court.
Five: It is based on the prosecution by the public prosecution agency or the parties. If no one files a lawsuit, the court will not take the initiative to hear any case. If the court accepts the lawsuit and agrees to conduct a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the trial process in the lawsuit.
Six: The jurisdiction of the court over various cases is a relatively complex issue. In most cases, civil cases are under the jurisdiction of the court where the defendant lives. For example, if A owes money to B, depending on where A lives, the court will file a lawsuit in the court where A lives; but if it is a traffic accident Compensation cases are generally filed in the court where the traffic accident occurred.
Seven: If it is a real estate inheritance dispute, the case will be filed in the court where the real estate is located. In most cases, the original defendant and the defendant belong to the same county. There is no jurisdictional dispute. The lawsuit can be filed directly in the court of the county where the case is located. The plaintiff is the direct interested party in the case or the person whose legitimate rights and interests have been violated.