At the end of 2012 12, the Nanjing intermediate people's Court promulgated the "on the strict shall hear the folk loan disputes shall protect illegal interest notice". This is since 2010 July, the Nanjing intermediate people's court for the first time issued "on the trial of folk loan disputes guidance" issued after, again "new regulations for the folk loan disputes".

Since 2009, Nanjing folk loan disputes increase, the usury, false debt, the suspected criminal cases is also emerge in an endless stream. The "Regulations" the Nanjing intermediate people's court, in order to uniform enforcement standards, prevent the evasion of law, the judicial process would be illegal profits legalization.

The new regulations

In this "Hu Daocai signed Nanjing court rules", a total of 13 regulations, requirements and increase the folk loan disputes scrutiny, screening usury illegal case.

The burden of creditors

The creditors of the borrowing agreement shall bear the burden of proof. For the large amount of borrowing, bear the creditors shall occur on loan amount, term, interest rates and money lending, lending agreement delivery of proving responsibility.

Expand the scope of the court investigation

For the fact that cash delivery and claims of each other to provide the illegal evidence, the court shall examine the relevant evidence or evidence. When necessary, the people's court shall investigate and collect evidence according to the authority. In such cases, must expand the court in accordance with the scope of investigation.

Must eliminate usury trap

In a doubtful case, strengthen the loan review of the facts, the strengthening of comprehensive analysis on the evidence, not only by the plaintiff to provide a simple sentence. Violations of the high LAN information, pre discount does not protect, prevent lenders by court decision will be illegal profits legalization.

The establishment of "special list"

The court folk lending case, found that the plaintiff is more than or other major creditor debtor relationship of the debtor, the plaintiff lending facts or reasons not to conform to the common sense, no IOU IOU existential forgery or may, the defendant in a certain period of time to one of the folk loan disputes over eight cases, to establish a "special list" for these people, or units of private lending disputes, the implementation of strict examination.

Can summon the litigants in court

On suspicion of false litigation case, the court will take the following measures to guard against: lenders, borrowers to himself or the relevant agency staff to statements, and inform the adverse legal consequences without justifiable reasons, refuses to appear in court; request the parties further submit other relevant evidence, including the application of appearing in court as a witness; inform the relevant interested parties, and on the basis of interest the relationship between the application or authority to inform them to take part in the proceedings.

The judge must review obligations

In the folk loan disputes, the judicial personnel shall review obligations or violation of discipline in the trial, judgment, ruling, mediation, confirmation confirmation law and high interest, shall be in accordance with the Supreme People's court "people's court judges liabilities investigation of illegal adjudication methods (Trial)" and "the personnel of a people's court shall regulations", corresponding criminal responsibility.

Present situation

Nanjing has been the occupation Lenders

"It should be said, in a multi sector hit, the usury behavior is getting more and more covert, wore a cloak of legitimacy." According to the Nanjing intermediate people's court relevant source, through the analysis of a large number of cases, a lot of "usury" are put on the private lending "jacket", only the total issue IOU, interest, not to write, write "if interest rates, but the interest rate will not exceed the range of judicial protection."

In addition, by usurious profits, Nanjing has appeared in the "rentier" as the industry occupation lenders and covert operation of intermediaries, and even the mortgage conduit company, conduit company is engaged in housing loan intermediary business.

Pawn engaged in lending to the borrower, charge exorbitant interest in management fees in the name of the phenomena are also very prominent.

Survey

Express company town usury

Bank interest of up to 100 times

Near the end of the year, many enterprises have difficulties in the capital turnover, will raise funds by borrowing. The industry is not permitted by law, an important part of folk lending market is. Modern Express reporter visited on the industry, the industry profits amazing, the risk is great.

Modern Express reporter Zhong Yin

Unsecured loan, monthly interest 40%

Now, the usury company not only around the small advertisement, but also through the network marketing. Modern Express reporter Baidu search "Nanjing usury" these two words, can search through several corporate website and telephone, some of these companies are the two key words to buy links.

The reporter tried to call several telephone calls, the reply is very similar, "borrow good discussion, there is no mortgage is OK, but interest rates must be higher than the bank some. Details, to meet."

The reporter chose one meet, the usury, hiding in an office building in the big palace. A "loan manager" to see the reporter's identity card, was introduced, borrow money in two ways, one is unsecured, interest is 40%, the other is the mortgage, monthly interest is 7%. The 22 day even a month. Then, he asked for money reasons, reporters working unit and home address.

The reporter and his for a supply of sth. a, he said in the end, without collateral, can borrow 50000 yuan, monthly interest can be reduced to 30%, but interest was deducted in advance. If it is in accordance with 40% of the monthly calculation, we can get the full loan, then pay interest. The reporter said, "interest rate is still too high, want to consider."

Subsequently, the reporter calculated, the bank's normal loan interest rate at 6%, and usury, unsecured loan interest 40%, 22 days for one month, 16 months a year, the annual interest rate more than 600%, is 100 times higher than bank interest rates!

Deposit taking, the boss Run away

Wang is also a loan company "loan manager", he said, "that we do not legal, easy to cause trouble, but to money fast."

"No mortgage interest is 30%-40%, the normal price, the company does not pit you." He said, unsecured loan appears to be highly profitable, but the risk is big also, average every three or four business, will meet a close not to come back for bad debts. In personal loans and unsecured majority, the small amount, and not the main business.

When a reporter asked about the profit situation, Wang said, it is very difficult to answer. Have a big business, may be favorable to millions of dollars, but the profit rate of only 10%. Some business amount is not big, but the profit rate is very high.

Usury company assets is mainly composed of two parts, one part is the owner of personal property, one part is the boss through various means to store money. Occluding objects may be the boss relatives, employees, may also be through various relations development off the assembly line. "The boss by the money, typically pay 2.5%-3% a month, at an interest rate more than 30%, earnings ratio deposit banks, than to buy all kinds of financial products. If is the boss of the depositors and the development of the line, line can get interest, will be even lower." Wang said that he himself had their house mortgaged to the bank, lent 300000 yuan, annual profit is seventy thousand or eighty thousand yuan. Unexpectedly, in 2011, company a few amount of bad debts, bankruptcy, the boss Run away. His principal of 300000 yuan, can't take back. He figured, deduct the first year the boss paid seventy thousand or eighty thousand yuan interest, he lost about 200000 yuan.

Case

1400000 yuan a

Invalid

In July 26, 2012, Sun Ganggang (a pseudonym) with an IOU to Baixia District Court, requesting the court Zhou Qiangqiang (a pseudonym) repayment of the borrower. Specify the IOU, Zhou Qiangqiang borrowed sun just 1400000 yuan, has been the repayment period.

Court, judge requests sun just provide evidence of the loan. But Sun Ganggang said, only the IOU, "I was doing the stone business, usually with cash. The money, I take a check to the underground discount to his." The court trial think carefully, for the amount of such a large loan, the borrower does not provide evidence of bank funds, also did not provide any evidence, which belongs to the lack of evidence. Accordingly, the lending relationship is not recognized, dismissed the sun just litigation request. The sun had just dissatisfied, to appeal to the Nanjing intermediate people's court, the trial court, think that this an IOU, not found on both sides of the lending relationship, it rejected the appeal, upheld the.

Background

Folk loan disputes

Last year surge three

"Borrowing more and more disputes, has become increasingly prominent problem." According to the Nanjing intermediate people's Court of the relevant responsible person said, in recent years, especially after the global financial crisis in 2008, the Nanjing municipal court dispute cases borrowing v. folk numbers soared, folk loan disputes triggered by the social contradictions have become an important factor affecting social stability. The folk lending case in 2012 2012 were rising rapidly, the amount of year-on-year growth of more than 30%.

At the same time, litigation dispute amount also rose sharply, the folk loan disputes litigation amounted to hundreds of thousands of yuan has become the norm, hundreds or even thousands of million yuan also It is often seen.

Remind

The folk loan interest rates more than four times the law does not protect the bank

The court said, folk loan disputes occur frequently, as the general public, in the folk lending must master a principle, namely, both lenders and borrowers interest rate agreement shall not exceed the publication of the people's Bank of Chinese during the same period the loan datum interest rate four times, the part in excess of the interest, the court shall not protect. (