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Opinions of the Higher People's Court of Jiangsu Province on the Establishment

发布时间:2020/3/30  浏览次数::3245次

In order to punish "Routine Loan" and illegal lending illegal and criminal activities according to law, and promote the in-depth fight against "black crime", on May 17, the provincial court issued the "Jiangsu Province High People's Court on the establishment of a suspected professional lender directory system. Opinion (Trial).

In order to strengthen the review and screening of private lending cases, prevent professional lenders from using litigation procedures to legalize illegal interests, effectively regulate private lending behavior, and effectively maintain the order of the private financing market, we now formulate the following opinions on the establishment of a directory system of suspected professional lenders:

1. Occupational lenders refer to units that have not obtained the approval of the financial regulatory authority and are not qualified to issue loans, but lend funds to unspecified objects of the society to earn high interest. The lending behavior has business and recurring characteristics, as well as lending. For its important source of income, individuals who regularly lend to unspecified objects and earn high interest.

2. Each grassroots people's court shall establish a list system of suspected professional lenders according to its own actual situation. In the trial of private lending cases, first of all, the related cases should be inquired. If the same lender and its actually controlled related parties act as plaintiffs in the prosecution of more than 5 private lending cases in the people ’s courts at all levels in the province, the lender should be included in the suspected professional lending. People list. Those who can be preliminarily determined as professional lenders through case hearings or other channels are not subject to the above-mentioned number of cases.

3. The list of suspected professional lenders should include the names of suspected professional lenders, resident identification number, residence, and the number of private loan cases prosecuted in people ’s courts at all levels in the province within one year. If the suspected professional lender is a unit, the name of the unit, the name of the legal representative or person in charge, the residence, and the number of private loan cases prosecuted by the people ’s courts at all levels in the province within one year shall be listed.

4. The list of suspected professional lenders should be dynamically managed and updated once a year. Within one year from the date of the determination of the list of suspected professional lenders, if the number of persons in the list and their actually controlled affiliates sues the private loan cases less than one-half of the above-mentioned number, they may be removed from the list of suspected professional lenders Withdraw.

5. The people's court shall strengthen the examination of private lending cases sued by suspected professional lenders or their actually controlled affiliates. Key review:

1. Whether the plaintiff is indeed a professional lender or an affiliate who actually controls it;

2. The authenticity and legality of the claims and debts involved in the case;

3. Whether it is suspected of illegal crimes such as "routine loans" and false lawsuits.

6. Upon review, the plaintiff was indeed a professional lender or an actually controlled related party and the lending behavior was stipulated in Article 19 of the "Law of the People's Republic of China on Banking Supervision and Administration" "No banking financial institution or banking In the case of "business activities of financial institutions", the corresponding loan contract is deemed invalid, and the borrower shall return the principal of the loan, and pay the fund occupation fee according to the benchmark interest rate of similar loans of the People's Bank of China during the same period.

 

7. Upon review, if the lender ’s lending behavior is suspected of a “routine loan” criminal offense, it shall follow the “Supreme People ’s Court Provisions on Several Issues Related to Suspected Economic Crimes in the Trial of Economic Disputes Cases” Provisions on Several Issues of Applicable Law, ruled that the prosecution should be rejected, and the clues and materials of the suspected crime should be transferred to the public security organ in a timely manner.

8. After examination, if it is a false lawsuit, it shall be handled in accordance with Article 20 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Loan Cases".

9. If the suspected professional lender or its actually controlled related party applies to the people's court for the enforcement of private loan arbitration awards and notarized creditor's rights documents, the people's court shall strengthen the review and use enforcement measures with caution to the person subject to execution. After review, if the arbitration award and notarized creditor's rights documents belong to the circumstances specified in Article 237, Paragraph 2 and Article 238, Paragraph 2 of the Civil Procedure Law of the People's Republic of China, the ruling shall not be executed.

10. After confirming the list of suspected professional lenders, the grassroots people's courts shall collect them from the intermediate people's courts and report them to the provincial higher people's court, and copy them to the local procuratorial organ, public security organ and financial supervision department. If there is a public official in the list of suspected professional lenders, it should be copied to the local discipline inspection and supervision department and the unit where the party is located.

11. The list of suspected professional lenders is for internal control only by the people's courts and relevant collaborating units, and will not be publicized.

12. This opinion shall be implemented as of the date of publication.

 

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