Why gambling debts are protected by law, and whether gambling debts are protected by law

First of all, although gambling is illegal, it is in criminal law, and property rights are protected by law in civil law, and besides, it is money borrowed by your aunt. Secondly, as usury is not protected by law, the interest rate of personal borrowing is also strictly limited by law. It seems that it should not exceed 5 times the bank's interest rate for the same period.

This debt arose during the relationship between your uncle and your aunt, and if there is no other special prenuptial agreement, the debt will be borne by both parties. Of course, 400,000 is not a debt payable, but the court calculates the final amount in accordance with the provisions of national law.

First of all, I understand your feelings.

I have the following solutions to this problem, please use your discretion.

1.You can gather evidence that your uncle did not know about your aunt's gambling. This evidence is very crucial, and only by proving it can it be recognized as a personal debt. Then appeal.

2.If the loan shark collects debts from your uncle every day, which affects your uncle's normal life, you can report the case to the public security organ in accordance with the law.

3.It is in accordance with the laws of our country that the members of the Executive Directorate took your uncle away and detained him.

4.If you know the specific situation and location of the gambling house, you can report it to the relevant authorities.

IOU!! Just because of that IOU! If the IOU doesn't say that it is due to gambling arrears, then the court will do it! How did your uncle marry such a wife, tragedy, I also don't think your uncle should bear this debt! Sue your aunt!

Legal Analysis: Gambling debts are not protected by law and should be recovered in accordance with the law.

Legal basis: Article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Gambling: Money and property used for betting, money and property exchanged for chips, and money and property won through gambling in gambling crimes are gambling funds. Where gambling crimes are committed through computer networks, the amount of gambling funds may be determined by multiplying the number of points wagered or won on the computer network by the amount actually represented by each point.

Gambling funds shall be recovered in accordance with law; Gambling utensils, illegal gambling gains, and funds used exclusively for gambling by gambling criminals, means of transportation, means of communication, and so forth, shall be confiscated in accordance with law.

Legal Analysis: Gambling debts are not protected by law. Cases of illegal detention and intentional injury caused by debt collection exist in a large number of daily life, and there are not a few people who have been investigated for criminal responsibility for illegally constituting the crime of illegal detention or intentional injury because the debt collection act violates the law and constitutes the crime of illegal detention or intentional injury.

Judging from the causes of the cases, some of them are caused by the collection of illegal debts such as gambling debts, and the illegal debts cannot be resolved through litigation procedures, and some creditors often resort to "special" means to collect debts. Some cases arise due to the failure to realize legal claims such as loans, payments, wages, etc., and most of the cases caused by extreme debt collection methods such as stalking, intimidation, detention, and beating by creditors are difficult to resolve through litigation procedures due to the lack of evidence such as IOUs, contracts, and receipts.

Legal basis: Article 8 of the Civil Code Civil entities engaged in civil activities must not violate the law or violate public order and good customs.

Gambling debts are not legitimate claims and are not protected by law.

There are also the following types of common private lending contracts that are not protected by law: taking loans from financial institutions and re-lending; Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;

Lenders who have not obtained lending qualifications in accordance with law provide loans to unspecified targets in society for the purpose of making profits.

Legal basis] Article 143 of the Civil Code, civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

According to the provisions of the General Principles of the Civil Law of the People's Republic of China (repealed as of January 1, 2021) and the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, civil acts that violate the law or the public interest are invalid. Where the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, its lending relationship is not protected, and the lawful private lending relationship is protected by law. Gambling is strictly prohibited by the national jujube distribution law, and gambling debts are not protected by law.

Our laws only protect legitimate debts. Gambling debts are also a kind of debt relationship, but gambling debts are not protected by law. Because China's laws strictly prohibit gambling, the debts arising from gambling are illegal debts, so gambling debts will not be protected by law.

However, if it is a debt arising from legitimate private lending, the state will give it certain legal protection. Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that under any of the following circumstances, the people's court shall find that the private lending contract is invalid:

1) Arbitrage loans from financial institutions for on-lending;

2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;

3) Lenders who have not lawfully obtained lending qualifications provide loans to unspecified targets of society for the purpose of making profits;

4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;

5) Violating mandatory provisions of laws or administrative regulations;

6) Violating public order and good customs.

Legal basis: Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

In any of the following circumstances, the people's court shall find that the private lending contract is invalid:

1) Arbitrage of loans from financial institutions and re-lending;

2) Relending funds obtained by borrowing money from other for-profit legal persons, raising funds from employees of that unit, or illegally absorbing deposits from the public;

3) Lenders who have not lawfully obtained lending qualifications provide loans to unspecified targets of society for the purpose of making profits;

4) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still provided the loan;

5) Violating mandatory provisions of laws or administrative regulations;

6) Violating public order and good customs.

According to the law, the lender knows that the borrower is borrowing for illegal activities, and its lending relationship is not protected. As a result, the gambling's hospitality is not protected by law, or the borrower may choose not to repay the money. According to the laws of the People's Republic of China, if the lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities but still provided the loan, the people's court shall find that the private lending contract is invalid.

Debts arising from gambling are illegal debts and should not be protected by law.

1. Is gambling a joint debt of husband and wife?

Gambling debts do not belong to the joint debts of husband and wife, because the debt is not used for the common life of the husband and wife and family life, and belongs to the unreasonable expenses of one of the people, so the other party does not have to bear any obligation to repay at all, and furthermore, the illegal debt itself is not protected by the law, gambling itself is prohibited by law, and the gambling debt itself is an illegal debt, which is not protected by the law in any way.

2. Should the husband and wife jointly bear the gambling arrears?

Gambling debts do not need to be borne jointly by the husband and wife, because the debts owed by gambling are not joint debts of the husband and wife, but are the personal debts of the gambling party.

Only debts arising from the needs of the husband and wife to live together in the family, as well as the management, use, income and disposal of the joint property, are joint debts of the husband and wife and need to be borne jointly by the husband and wife.

In addition to gambling debts, the following debts are not joint debts:

1. Premarital debts of one of the spouses.

2. The husband and wife agree on the debts to be borne by the individual according to law.

3. Debts incurred by one of the husband and wife who raise funds to engage in production or business activities without the consent of the other party, and their income is not used for living together.

4. The property that is determined in the will or gift contract to belong to only one of the husband or wife is the personal property of one party, and the debts arising from this will or gift contract shall also be borne by the party receiving the will or gift alone, and the other party shall not be liable for liquidation.

5. Without the consent of the other party, one of the husband and wife finances the debts borne by the person who has no obligation to support.

6. Other debts that should be borne by individuals in accordance with the law.

3. How to deal with the police when they receive a gambling fraud report.

If you are deceived by gambling and then report to the police, you will be punished by public security and criminal responsibility if you participate in gambling behavior. Decide for yourself. It should be noted that gambling itself is illegal, and the debts arising from gambling are not protected by law.

If it is an Alipay transfer, this is an instant transaction, once the payment is successful, the money has entered the other person's account and cannot be returned. You can try to contact Alipay staff to report the scam. If the verification is true, Alipay will supervise and restrict the other party's account accordingly to prevent others from continuing to be deceived.

According to Article 153 of the Civil Code of the People's Republic of China, civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

According to Article 11 of the Supreme People's Court's Several Opinions on the Trial of Loan Cases by the People's Court, if the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, the borrower's lending relationship will not be protected.

Debts arising from gambling are illegal debts and should not be protected by law.

Legal basis: According to Article 153 of the Civil Code of the People's Republic of China, civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provision does not lead to the invalidity of the civil juristic act.

According to Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts, if the lender clearly knows that the borrower is borrowing money for the purpose of carrying out illegal activities, the loan relationship shall not be protected.