Network loan case judicial review procedure and key points

-- Taking Zhejiang Alibaba microfinance loan Limited by Share Ltd network case

Network loan is a loan pattern through the Internet online contracts, loans, loan recovery, the entire network operation. Its main features: 1 operating network. Transactions between the parties through the Internet, basically completed, generally do not directly contact with high efficiency; 2. Through computer matching program, to review the existing online transaction data and transactions, a few seconds to determine whether the customer in line with the loan conditions. 310 terms such as Ali small credit company, from the loan application, until the loan review and issue, basically 3 minutes to solve the credit loan; 3. Network of small loans, highest do not exceed 500000 yuan, loan period is short, the length of not more than 6 months. Per capita borrowing for shop customers, basically rely on the borrower's credit, without collateral. Its main significance: network loan is the first Ali small credit company, it has changed the traditional loans and business mode, the main service the loan to the Ali Co's shop, including individual entrepreneurs and small business owners. In the context of network financing, loan low threshold loan conditions, helped them through. But compared with the banks, high interest rate loans of the network, has increased their burden. Once bad management, business failures, will endanger the pure rely on credit to support the network loan. In the process of litigation, mainly has following several problems:

A, jurisdiction

Any one with jurisdiction related factors to become the jurisdiction basis or connecting point, must have two conditions: one is the factor of two is associated with stability, specific, enough between the factors and the jurisdiction. Compared with the traditional jurisdiction, jurisdiction connection network loan cases, should be able to have more choices, such as the location, the location, the object is located, the contract is signed, the performance of the contract, the location of IP addresses, where the server is located, where the third party account. Ali small credit company registered in Yuhang District of Hangzhou city (in addition, Chongqing Ali small credit company registration in Jiangbei District of Chongqing city), the actual business of Binjiang District in Hangzhou City, server and pay treasure company of Xihu District in Hangzhou City, the "loan contract" agreed in the Hangzhou Binjiang court jurisdiction is valid? Generally speaking, the network loans mainly through the server business, for the jurisdiction agreement, the parties should respect the choice between the connecting point, unless agreed with the court does not have any relevance. In this case, mainly relates to the plaintiff's domicile and the signing of the contract to the two link. Ali small credit company's place of business in Alibaba group headquarters, Hangzhou City, Binjiang District, according to "the Supreme People's Court on certain issues concerning the application of views" on Fourth "legal person's domicile is refers to the main business of legal person or the main offices." Regulations, Ali small credit company's domicile, can be identified as the Hangzhou City, Binjiang District. The contract is signed, the parties are online signing of the contract, it is difficult to determine which locations for the contract is signed, according to "the Supreme People's Court on certain issues concerning the application of people's Republic of China Contract Law > interpretation (two)" Fourth "type of contract in written form, the contract is signed and the actual location does not match the signature or seal, the people's court shall determine the contract as the contract signed." Regulations, signed the contract in this case can also be identified as Hangzhou City, Binjiang District. Therefore, the "loan contract" in the agreement jurisdiction, regardless of the plaintiff's domicile, or the contract is signed as a connecting point, are effective.

Two, the evidence cognizance

Network lending is through online transactions, no written evidence of the paper, in addition to message data, no other evidence form basically. At present, the message data, there is no evidence the independent status, generally as documentary evidence, evidence characteristics but which also has some audio-visual material. Therefore, in reviewing the evidence, review method requires consideration of two types of evidence.

1 qualification of evidence. Can be used as evidence, we must first consider the objectivity, relevance, legitimacy of evidence. Although the message data can be modified, and with the general technology is difficult to find the modified traces, but not because of this possibility, deny its objective, the real return ability of fact. The written text of the message data "translation", in practice, other similar case the defendant has no objection, or by post to verify their objectivity existence. Relevance, the plaintiff to provide "loan contract", electronic signature, electronic receipt, network notice, and the facts of the case are relevant, It goes without saying that. Legitimacy, according to the "electronic signature law" provisions of the people's Republic of China, third, agreed upon by both parties agree that the electronic signature, electronic data instruments in the transaction is legally binding. That is to say, whether the data message can be used as evidence, but also to see whether the two sides agreed to in advance. Of course, even without prior consent, but if the actual behavior has recognized this transaction, or should recognize its effect of evidence. According to the "loan contract" agreed by the parties, the parties agree that the contract using the Internet information technology made in form of a data message and identity of its effectiveness. Therefore, the court should recognize the data message evidence effect in the litigation cases.

2 proof stress. From the message data transmission process -- -- computer -- readable data show that "translation" into written text, and finally submitted to the court, its authenticity has been suspected, its proven effectiveness has been in decline. According to the documentary requirements, must provide the original, but in fact it is difficult to have existed, each copy, to copy, but the original electronic data must be "translated" into readable file before you can recognize. Therefore, in the original case itself is not much meaning, so long as has the same effect can be in function. In general, if not found signs of change, readable text displayed on the computer, notarized transfer program, submitted to the court the burden of proof, even after.

Three, loan review

On loan disputes, mainly including the bank financial credit, a small loan companies microfinance, between individual private lending, Ali small loan company loan belongs to the network of microfinance. Therefore, whether the relationship network was also includes the loan review, loan agreement and delivery of funds two aspects.

1 lending agreement. Ali network loan is the biggest characteristic of online transactions, the contract parties basically does not meet, so first to confirm the identity of the subject. Interestingly, in all loan Ali, the individual as the borrower, in this case "Ali credit loan" although the company customer, but the actual borrower is the legal representative of the company. How to identify the borrower identity? It also relates to the electronic signature. According to the "electronic signature law" of the people's Republic of China in second the first paragraph, "electronic signature" as mentioned in this law, refers to the electronic form contained, attached to identify the identity of the signatory and indicate his endorsement of the contents of data message. The Internet is a more mature, the digital signature technology, some areas also introduced the technology of biological recognition, but a lot of use in practice are the key technology. Pay treasure account is the real name authentication, so enter the Alipay account and password, can be judged for the borrower. But borrowers put the key to inform the company staff or friends, should be regarded as act of authorization. Secondly, to determine the offer and acceptance of the contract. At present in the Alibaba e-commerce platform, only to set up "Ali credit loan", which can be divided into "integrity" and "Chinese supplier member of" two types of customers. "Integrity" is for domestic companies, "Chinese supplier membership" for foreign trade company. According to the loan procedures, loan approval before customers unable to view the page, loan contract; loan approval and pay treasure account and binding operation of bank card, customers can view the loan contract page, so the contract commitment, should provide customers (the borrower). In addition, in Taobao online, the establishment of "Taobao order loan" and "Taobao credit", which are "fair" and "mall" two types of customers. Login Webpage, enter the relevant application materials, through the computer automatic alignment by post, with loans to support. Therefore, do not require manual review, the use is very convenient, the vending machine is similar to the street. This intelligent loan function, Ali small credit company also deliberately took a "310" name, its meaning is 3 minutes 1 seconds 0 application, lending, artificial intervention. This kind of contract, pay treasure customer input password and click OK, does not lead to the establishment of the contract takes effect immediately, in the background of all kinds of behavior on the data and information, only through a comparison between the contract review, to be submitted to approval, otherwise the system will display the applicant loans do not succeed. So the contract offer to customers, commitment for Ali small loan companies, with the "Ali credit loan" is different.

2 delivery of funds. Ali small credit company funds to the registered capital of its own and part of the bank loan funds, and not pay treasure customer funds. "Ali credit" loan funds, in accordance with the contract, Ali small credit company will be 80% of the transfer of funds to the customer to pay treasure account, 20% of the funds transferred to the customer designated bank account. "Taobao credit" and "loan Taobao orders were issued to the customer 100%" Alipay account. For Alipay account on the delivery of funds, from the analysis of the system, Ali small loan companies and customers are in paid treasure to the establishment of the company pay treasure account, according to the instructions, pay treasure company will Ali small credit company to pay the corresponding funds treasure accounts in the designated customers pay treasure account. Therefore, Ali small credit company will provide electronic payment receipt, in every case, that customers use the amount used, at what time, and at what time the repayment, repayment amount etc..

To sum up, in this case, there are lending agreement and Ali small credit company delivered the money that can confirm that Zheng Guohua and Ali small credit company, between the two sides of the lending relationship valid network. Zheng Guohua is not in the agreed period to repay the loan, constitutes a breach of contract, should bear the liability for breach of contract in accordance with the payment of principal and interest.