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No.
A loan is a form of credit activity in which a bank or other financial institution lends monetary funds at a certain interest rate and on the condition that it must be returned. Loans in a broad sense refer to the general term for loans, discounts, overdrafts and other lending funds. By lending money and monetary funds to the bank, the bank can meet the needs of the society for supplementary funds for expanding reproduction and promote economic development, and at the same time, the bank can also obtain interest income from loans and increase the bank's own accumulation.
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Under normal circumstances, if you can't repay an online loan, you only need to bear civil liability.
No jail time. But the crime constituted by the specific circumstances, such as:
Where a loan from a bank or other financial institution is obtained by fraudulent means, causing major losses to the bank or other financial institution or there are other serious circumstances, in any of the following circumstances, defrauding a bank or other financial institution of a loan for the purpose of illegal possession, and the amount is relatively large, it constitutes the crime of loan fraud.
Criminal liability is required.
will go to prison: 1) fabricating false reasons for introducing funds, projects, etc.;
2) The use of false economic contracts;
3) Using false supporting documents;
4) Using false property rights certificates as collateral or repeating collateral in excess of the value of the collateral;
5) Fraudulently borrowing by other means.
Legal basis: Criminal Law of the People's Republic of China.
Article 175-1.
Fraudulently obtaining loans, acceptances of bills, letters of credit, or letters of guarantee from banks or other financial institutions.
and where major losses are caused to banks or other financial institutions or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; Whoever causes especially heavy losses to banks or other financial institutions or has other especially serious circumstances, is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a concurrent fine. 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.
Extended information: The essence of Internet finance is still finance, and the characteristics of financial risks have not changed, such as concealment, contagion, extensiveness and suddenness. Strengthening the supervision of Internet finance is an inherent requirement for promoting the healthy development of Internet finance.
At the same time, Internet finance is a new thing and an emerging format, and it is necessary to formulate moderately relaxed regulatory policies to leave room and space for Internet financial innovation. By encouraging innovation and strengthening mutual support in supervision, we will promote the healthy development of Internet finance and better serve the real economy.
Internet financial supervision should follow the principles of "lawful supervision, appropriate supervision, classified supervision, coordinated supervision, and innovative supervision", scientifically and reasonably define the business boundaries and access conditions of various business formats, implement regulatory responsibilities, clarify the bottom line of risks, protect legitimate operations, and resolutely crack down on illegal and irregular behaviors.
Online lending [4] includes individual online lending (i.e. P2P online lending) and online micro-lending. Individual online lending refers to direct lending between individuals through Internet platforms. Direct lending on individual online lending platforms is a private lending.
The scope is subject to the general principles of contract law and civil law.
and other laws and regulations, as well as the relevant judicial interpretations and norms of the Supreme People's Court. Online micro-loans refer to the micro-loans provided by Internet enterprises to customers through the microfinance companies controlled by them. Online microloans should comply with the existing regulatory regulations of microfinance companies, give full play to the advantages of online loans, and strive to reduce customer financing costs.
The online lending business is supervised by the China Banking Regulatory Commission.
Online lending platform. Supervision, from the maximum of 5,000 or 6,000 to the end of June only 29 in operation, the special rectification work may be basically completed by the end of the year, transferred to regular supervision.
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Under normal circumstances, you will not go to jail if you don't get an online loan. Because online loans are not civil disputes, not criminal cases. Therefore, even if the online loan is not repaid, the debtor will not go to jail.
However, if the online loan is not repaid, it will be enforced by the court, and the bank account will be seized, the deposit in the account will be forcibly deducted, and the property such as the house will be seized and auctioned.
Article 219 of the Supreme People's Court's Interpretation on the Application of the Law of the People's Republic of China on Civil Litigation Article 219 When a person with a high level of interest files a lawsuit beyond the statute of limitations, the people's court shall accept it. Where, after acceptance, the opposing party raises a statute of limitations defense, and the people's court finds that the defense is established after trial, it shall make a judgment rejecting the plaintiff's litigation claim.
Criminal Law of the People's Republic of China》 Article 266: Where the amount of 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 of a large amount is to be imposed or there are other serious circumstances, a sentence of between three and ten years is to be given, and where the amount of the penalty 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 is to be given. Where this Law provides otherwise, follow those provisions.
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As long as there is no fraud involved, there will be no jail time.
The arrears are civil disputes, and if they are not repaid within the time limit, they may be included in the list of dishonesty, which will affect their daily life in the future, and even affect their children's education, joining the army, joining the party, and taking the examination, so it is better to pay it off as soon as possible. Jail time is a criminal punishment.
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will be investigated for civil liability, and if the formal online loan platform is a formal online lending platform, it will generally file a lawsuit against the person who owes the money. Borrowing is risky, so you need to be cautious when borrowing. It's best to find a way to pay it off as early as possible before the deadline to avoid legal trouble. There will be no consequences for owing an online loan:
1. Penalty interest is generated, and interest is charged;
2. Bad credit records, affecting future loans and credit cards, some online loan platforms directly connect with the central bank's credit system, and some have long-term good cooperative relations with other credit agencies or their credit rating companies, when the next day after the deadline, the name will appear in the bank's internal system at the same time, and the credit report will inevitably leave a bad record. Once it is retained, it may be retained for 3-7 years, and if you want to borrow from a bank or other lender in the future, you may not be able to apply for it easily due to bad credit.
3. If the individual's career is affected and the overdue period exceeds for more than 90 consecutive days and the circumstances are serious, some institutions have the right to publish the ID number and overdue information on the **, or inform the work unit. Defaulting in bad faith or intentionally defaulting. If it is overdue but not for 90 consecutive days, and it can be remedied in time after the overdue date, and the credit level will not be greatly affected.
4. Pulled into the blacklist, children cannot go to key schools, and some "old men" who deliberately delay their debts will be pulled into the blacklist. So that they will not be able to take planes, high-speed rail, accommodation, etc., and more seriously, their children will not be able to go to key schools, and there will be more punishments in the future, so it can be said that life will be difficult to move an inch.
5. The lending institution sends a lawyer's letter to the court to sue the individual, and if the individual fails to pay the fee for more than 3 months, it will be very serious. The lending institution will collect the loan in accordance with the law, and in accordance with the provisions of the loan contract and the guarantee contract, it will file a lawsuit with the court, and the court will take measures such as property preservation of Yanlu, including freezing the deposits in all bank accounts of the lender and the loan guarantor, and seizing the property that has been pledged.
6. Those who have serious circumstances will be punished by law, and if they have the ability to refuse to implement effective legal documents, they will be punished by law. If the guarantor is unable to repay, the guarantor shall bear the responsibility of repayment.
[Legal basis].
Several Opinions of the Supreme People's Court on the Trial of Loan Cases by the People's Courts
Sixth, the interest rate of private loans containing jujube and wax strips may be appropriately higher than the interest rate of banks, and the people's courts in each region may specifically grasp it according to the actual situation of their own region, but the maximum shall not exceed four times the interest rate of the same type of bank loans (including the interest rate itself). If this limit is exceeded, the interest on the excess part shall not be protected.
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If you don't repay your online loan, you won't go to jail under normal circumstances. However, where a crime is constituted under specific circumstances, where a loan from a bank or other financial institution is obtained by fraudulent means, causing major losses to the bank or other financial institution or there are other serious circumstances, and the loan is defrauded of a bank or other financial institution for the purpose of illegal possession, and the amount is relatively large, it constitutes the crime of loan fraud, and criminal responsibility is required and imprisonment is required. Regarding the question of whether you will go to jail if you owe an online loan, the following will be answered in detail by Hualu.com.
1. Won't you go to jail if you owe an online loan?1. Under normal circumstances, if you can't repay the online loan, you only need to bear civil liability and will not go to jail.
2. However, if a crime is constituted under specific circumstances, where a loan from a bank or other financial institution is obtained by fraudulent means, causing major losses to the bank or other financial institution or there are other serious circumstances, and the loan is defrauded of a bank or other financial institution for the purpose of illegal possession, and the amount is relatively large, it constitutes the crime of loan fraud, and criminal responsibility is required and imprisonment is required.
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Summary. Kiss hello <>
If you don't repay your online loan, you generally won't go to jail, because it's a civil dispute. However, if there is malicious debt evasion and there is an intention to fraudulently obtain loans, it may constitute the crime of fraudulently obtaining loans or loan fraud; If the loan is not repaid, and the refusal to execute the court's judgment is serious, it will constitute the crime of refusing to execute the judgment or ruling, and these circumstances require imprisonment. <>
Can you go to jail if you can't pay off your online loan?
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Zhiwei, who does not repay the loan on the Internet, generally does not go to jail, because this is a civil dispute. However, if there is malicious debt evasion and there is an intention to fraudulently obtain loans, it may constitute the crime of fraudulently obtaining loans or loan fraud; If the loan is not repaid, and the refusal to execute the court's judgment is serious, it will constitute the crime of refusing to execute the judgment and taking Yu Pei's ruling, all of which require imprisonment. <>
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Legal basis] Article 313 of the Criminal Law, where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. 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. Bi Xiao and <>
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If the online loan is not repaid, the party needs to pay a certain amount of overdue interest in accordance with the agreement or the relevant provisions of the state, bear the corresponding liability for breach of contract, and may also face a lawsuit filed by the creditor. If the borrower is temporarily unable to repay, it may negotiate with the creditor to repay in installments or deferred repayment. Article 676 of the Civil Code If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the state. >>>More
There will be no consequences for the loan money:
If there is really no ability to repay, it shall negotiate with the lending institution to extend the repayment period or repay it in installments; >>>More
The worst possible outcomes are as follows.
1. Credit investigation on the overdue record of online loans. >>>More
Online loans will not be prosecuted, but generally will not go to jail. >>>More
Online loans are generally economic disputes that belong to private lending, and are usually handled as civil cases, not criminal cases, and usually will not be imprisoned. After all, the loan platform also knows that if the borrower is arrested and imprisoned, there is no income**, and there are no assets to enforce in his name, even if he applies for enforcement, he will not get the money back. >>>More