Supreme Procuratorate prompts the borrowing contract to "step on the mine" risk point

The Supreme Procuratorate prompts that the borrowing contract is easy to "step on the mine" risk point for non-governmental lending markets and other issues.On the 26th, it was learned from the Supreme People’s Procuratorate that in the first quarter of 2022, the national procuratorial organs performed civil procuratorial functions in accordance with the law and handled 4,628 cases of civil procuratorial supervision of borrowing contracts, accounting for 25 % of the total number of supervision cases for the result of the results of the trial of civil effectiveness.

The relevant person in charge of the Supreme Procuratorate of the Supreme Procuratorate said that borrowing is a common economic activity in the operation of the market economy and the lives of the people. It is also a complex economic and legal act. Economy and legal disputes.

The procuratorial organs’ cases found that the dispute between loan contracts mainly involved financial loan contract disputes, civil loan disputes, and financial institutional lending contract disputes, etc., concentrated on economic fields such as production and operation, financial investment, real estate development, commodity consumption, and international trade. Such supervision cases have revealed problems in the private lending market, and the parties’ legal awareness and insufficient risk awareness have failed to avoid the risks that should be avoided, bear the responsibility that should not be assumed, and urgently need to regulate, guide, and remind them.

The person in charge of the lending risk is difficult to prevent risks that the procuratorial organs found that the lender is lacking in legal awareness in the case, and it is difficult to achieve the risk of prevention in the whole link. Borrowing, especially private lending, often occurs between acquaintances. The parties are in person, neglected evidence of retaining, and ignored legal risks. When some borrowing behaviors occur, there is no sufficient evidence, resulting in the fact that the borrowing subject, amount, interest, whether they are repaid, whether there are guarantees, guarantee methods and measures such as the lawsuit. Some of the lack of written evidence to be clearly clarified when the amount of loan amount, borrowing use, and borrowing period is changed. After the dispute occurs, it is difficult to determine the liability for breach of contract. Some of them do not pay attention to the evidence of keeping repayment and recovery of arrears at the time of repayment, resulting in the repayment amount and their interest and litigation timeliness. Especially when entrusted third -party repayments and receivables, there is no written confirmation evidence of repayment facts.

In some difficult and complicated cases, there are often important circumstances such as lack of loan -related vouchers, conversion borrowing, husband and wife joint debt, avoiding interest rate limit, split borrowing, and changing the use of loans. Extremely critical.

Once the evidence is lacking, it will directly affect the determination of the overall facts of the borrowing behavior, and then affect the support and protection of the legitimate rights and interests of the parties.

In the civil supervision case of a civil lending dispute in a civil loan dispute by the procuratorial organs, Liu and Jiang were friends with Jiang.

Liu was borrowed 5 million yuan to Jiang, and the interest was not stated in the borrowing contract, only verbally agreed to the deadline for one year, and the interest was 10 %. One year later, Jiang failed to repay the loan. Liu sued the court because he could not provide evidence to prove that the loan agreed that there was interest. The guarantor’s insufficient awareness of risks "The second type of risk is the lack of understanding of the guarantor’s risk and easily become a" back pot man "for others’ debts.

"The person in charge said that many parties do not pay attention to the guarantee of the guarantee in the loan contract, leading to damage to their own interests. Some guarantors have not understood the meaning of the guarantee, and the corresponding guarantee of the guarantee is not enough to understand, and there is a blind guarantee. Forced to guarantee, name guarantee, fraud guarantee, etc.

Some companies do not pass the legal procedures or the consent of the shareholders (large) or board of directors, and illegal external guarantees. Other guarantors can easily bear the joint guarantee responsibility, and not inform the debtor in time after the responsibility, so that the creditors will be organized and doubled, and they will obtain improper benefits.

In the civil supervision case of a civil loan dispute over the procuratorial organs, Zhao Moumou borrowed 400,000 yuan from Zhou Moumou, and the borrowing period was 4 days. Hu Moumou was used as a guarantor.

After the loan expires, Zhao Moumou did not repay the loan. Zhou Moumou asked the guarantor Hu Moumou to bear the responsibility because he was looking for Zhao Moumou. Hu Moumou and Zhou Mou reached a mediation agreement, agreed that Hu Moumou would bear the guarantee of 300,000 yuan within the guarantee range. The remaining 100,000 yuan and interest should not be borne. Later, Hu Moumou repaid 300,000 yuan to Zhou Moumou three times. Since then, Zhou Moumou has concealed the fact that Hu Moumou has repaid 300,000 yuan, and Zhao Moumou and his wife filed a lawsuit, and still asked the two to repay 400,000 yuan in arrears and interest.

During the neglect of the time limit for litigation or the guarantee period, "the third type of risk is to ignore the time limit or guarantee period of the lawsuit, and the legitimate rights and interests cannot be safeguarded.

"The person in charge said that after a dispute between the loan contract, if the parties want to claim their rights through litigation, they must first understand the legal system and other legal systems of litigation.

In the case of handling the case, the procuratorial organs found that many civil entities even including banks such as banks did not aware of the time limit or the importance of the time limit of the lawsuit, so that the right to exercise litigation in time and legitimate rights were not protected by law.

In the civil supervision case of a financial borrowing contract handled by the procuratorial organs, Guo Mouen borrowed from the rural credit cooperatives of a county. Guo Mouran guaranteed that the borrowing period was one year.

Guo Mouen failed to repay the loan after its expiration. The county’s rural credit cooperatives sued the court and asked Guo Mouran to bear the guarantee responsibility. The court supported a lawsuit request for rural credit cooperatives in a county.

Guo was dissatisfied and applied for procuratorial supervision.

The procuratorial organs reviewed that a county’s rural credit cooperatives did not claim to bear guarantee responsibilities to Guo Mouran during the guarantee period. According to relevant laws and judicial interpretations, the above claims were not protected by law. The procuratorial organs issued a retrial procuratorial proposal to the court, and the court adopted and launched a trial supervision procedure.

In response to the above risk points, the procuratorial organs suggested that we must strengthen awareness of rights protection according to law. Grasp the relevant legal knowledge, pay attention to collecting and reserved evidence before and after borrowing to prevent losing risk due to insufficient evidence.

To establish the correct risk awareness. In the aspects of determining the loan -related matters, the issuance of the relevant credentials of the loan, and the setting of guarantee responsibilities, we must be cautious. The IOU and the underdevelopment must be distinguished.

To enhance the awareness of rational investment. Establish a scientific and rational view of borrowing, consumption, and investment in financial management. Do not believe in investment products introduced through informal channels to prevent over -loan, induced loans, "advance consumption", and do not participate in illegal lending behaviors such as "routine loans" and "usury loans". Essence Editor in charge: Hu Jianxia.