Most college students are deceived, should online lending institutions be rectified?

Of course it's time to straighten out (Not only students, but also many investors in society have also suffered).Hasn't the country already begun to straighten out?Nothing can be done overnight.

The state's supervision of the financial industry is all-round and comprehensive, and the span is relatively large, and there is some resistance to implementation。The state has begun to strictly prohibit the addition of new Internet financial institutions, and the regulatory authorities have also promptly dealt with institutions that change their shareholders or relocate their registered places at will.

This year, more than 400 risk management working groups have been set up across the country to strengthen the management and control of high-risk institutions。Judging from the preliminary inspection, violations such as pooling funds, illegal lending, disguised promises to guarantee principal and interest, and non-transparent information disclosure are still relatively common.

Most of the platforms even have serious violations of laws and regulations such as shareholder self-financing, manufacturing fake bids, false capital injections, and misappropriation of funds, and the major risks and hidden dangers in the online lending industry should not be underestimated. From the third quarter of 2019, when the meeting was held, the rectification work will continue to strictly implement the "three reductions" requirements of reducing the number of institutions, reducing the scale of the industry, and reducing the number of people involved, and increase the intensity of benign exit. For a small number of institutions that meet the conditions in terms of capital and professional management capabilities, they are allowed and encouraged to apply for the transformation into online microfinance companies, consumer finance companies, etc.

For institutions that intend to transform or liquidate, ** will supervise the enterprises to formulate a redemption plan as soon as possible and implement it as soon as possible.

It is expected that in the fourth quarter of 2019, on the basis of the basic completion of compliance inspection, access system, data verification and other work, the first operating institutions will be classified and managed one by one, and multiple measures will be taken to resolve risks. In accordance with the principle of "mature one, one into one", the special rectification work will include the basic qualified institutions for rectification into the supervision pilot.

Online lending institutions have always been unreliable, and they don't need to be rectified, just cancellation.

It should be rectified because there are already too many incidents caused by online loans.

College students are deceived because of their poor ability to identify, while online lending institutions are legitimate.

I think that online lending institutions should not only be rectified, but also vigorously rectified, and there are many institutions that are illegal.

Online lenders should be rectified because they always target college students.

This is an illegal group. Trapping college students to earn profits should be rectified.

With the recent rectification and regulation of online lending platforms by the state, many online lending platforms have been closed

Online lending institutions should definitely take a serious step forward to make the network more secure.

First of all, the outlawing of this argument is simply nonsense. Besides, it's too arbitrary for you to see too many suicides that you don't see the full range of reasons behind them.

Legal Analysis: Inducing college students to take out online loans is considered fraud.

Legal basis: Criminal Law of the People's Republic of China

Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a single fine is given where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and where the amount of the fine is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

Article 192:Where fraudulent methods are used to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, a sentence of between three and seven years imprisonment is to be given, and where the amount is huge or there are other serious circumstances, a sentence of seven or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 266:Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

It needs to be analyzed on a case-by-case basis. Comprehensively considering whether the lending institution is legally established and the loan interest is within the scope permitted by law, if it is a formally established lending institution, the operation is legal, and the loan interest is within the scope permitted by the law, it is legal; Otherwise, it is illegal to take out a loan.

1. Whether it is legal to take out a loan from a lending company.

Whether a credit company's loan is legal or not depends on the specific circumstances, and if there is a situation of usury, routine loans, etc., the loan is a case of illegal and criminal activity. If there is a legal basis and relevant qualifications for its establishment and process, then it is legal. Formal credit companies are generally legal when they take out unsecured credit loans, because their funds are generally legal, they have legal operations, and their loan interest rates are in accordance with the law.

In the case of microfinance companies, it is possible to break the law. It is recommended that if you want a loan, you should go to some regular, large loan companies for a loan.

2. Is it legal to roll over interest loans through credit cards?

There are two different situations in which credit card interest is legal to sue for rollover loans:

1. Banks are legally operated, and all projects are approved by the China Banking Regulatory Commission, and it is not illegal for the lender to get a cash loan through a formal cash withdrawal by credit card;

2. If the lender avoids the cash withdrawal method provided by the bank and withdraws the credit card limit in the form of cash through false transactions, that is, credit card cash, it is illegal.

3. Are usury IOUs legitimate?

Usury is an illegal act, so usury IOUs are naturally illegal, and our laws do not allow it.

According to the law, if the lender requests the borrower to pay interest according to the interest rate agreed in the contract, the People's Zhisen Court shall support it, except that the interest rate agreed by both parties exceeds four times the interest rate of the one-year loan market at the time of the conclusion of the contract.

Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the state.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

Legal Analysis: It is legal for banks to lend to adult college students, but it is illegal for online loan operators to issue loans to college students under the age of 18.

Legal basis: Guiding Opinions of the China Banking Regulatory Commission on Risk Prevention and Control in the Banking Industry》 Article 28 Focus on the clean-up and rectification of campus online loans. Online lending information intermediaries must not include borrowers who do not have the ability to repay loans in the scope of marketing, prohibit the provision of online loan services to college students under the age of 18, must not carry out false and fraudulent publicity and sales, and must not issue usury in disguised form through various party letters.

The invasion of campus by usury online loans is spreading rapidly, and the investigation found that the interest rate of usury online loans on campus is as high as 30%, and the lack of supervision of usury online loans on campus is risky. Therefore, whether the college student's campus online loan is illegal depends on the specific situation. In recent years, the platform of online loans has developed and grown, from the beginning of consumer loans to the limbs and later direct cash loans, and it is more convenient and trouble-free than going to the bank for loans, but one thing is that the interest rate is high, and there is a certain risk, but there are still many college students who are popular online loans, so is it illegal for college students to take out online loans?

Article 26 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

It is stipulated that if the interest rate agreed upon by the borrower and the borrower does not exceed 24% per annum, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it. If the interest rate agreed between the borrower and the borrower exceeds 36% per annum, the interest agreement for the excess part is invalid. Where the borrower requests the lender to return the interest paid in excess of 36% of the annual interest rate, the people's court shall support it.

College students' online loans are not legal, not the relevant old car industry insiders, for this problem I have no way to solve, dare not easily give you methods and suggestions, please consult the relevant personnel to give you the correct answer.

Requirements for applying for small loans: 1. Be at least 18 years old in Chinese mainland; 2. Have a stable address and work or camp site; 3. Rapid reform has a stable income**; 4. No bad credit record, the purpose of the loan cannot be used as **, gambling and other behaviors. 5. Other conditions required by the bank.

Risky. Generally, there are relevant regulations for college students. You can go to see the prescribed mu faction, and then it is best to consult the head teacher or counselor and ask their opinions.

For the company to induce students to take out online loans, the act has already involved the crime of fraud, and if the company has tax evasion, it also involves the crime of tax evasion.

Online loans for college students are legal, but it is not recommended to spend in advance

Legal analysis: As a form of Internet finance, online lending does not violate relevant laws and regulations. However, if a person deliberately attracts others to borrow money at a high interest rate and uses the funds for arbitrage, or deceives others into making loans, it will constitute a crime and will be investigated for corresponding criminal liability.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases Article 27 After the principal and interest of the previous loan are settled, the borrower and the borrower shall include the interest in the principal of the later loan and re-issue the creditor's rights certificate, if the interest rate in the early period does not exceed four times the one-year loan market interest rate at the time of the conclusion of the contract, the amount stated in the re-issued creditor's rights certificate may be recognized as the principal of the later loan. The interest on the excess part shall not be recognized as the principal of the later loan.

If, calculated in accordance with the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan period exceeds the sum of the principal of the initial loan and the interest for the entire loan period calculated on the basis of the principal of the initial loan and four times the interest rate of the one-year loan market ** at the time of the conclusion of the contract, the people's court shall not support it.