China News Service, Beijing, April 26 (Reporter Zhang Su) Borrowing is common, but a little carelessness may "step on the thunder", resulting in various economic and legal disputes.
The Supreme People's Procuratorate announced on the 26th that in the first quarter of 2022, procuratorial organs across the country handled 4,628 civil procuratorial supervision cases related to loan contracts, accounting for 25% of the total number of cases of supervision of civil effective judgment results.
The prosecution found that the loan contract disputes mainly involved financial loan contract disputes, private lending disputes, inter-bank lending contract disputes among financial institutions, etc., and concentrated in economic fields such as production and operation, financial investment, real estate development, commodity consumption, and international trade.
The Supreme People's Procuratorate pointed out that such supervision cases revealed that the private lending market is not standardized enough, the parties' lack of legal awareness and risk awareness, etc. ,remind.
One of the "treading the thunder" is the lack of legal awareness of the lender, and it is difficult to prevent risks in all aspects.
Loans, especially private loans, often occur between acquaintances, and the parties are often limited by human feelings, neglect to retain evidence, and ignore legal risks.
When some borrowings occurred, sufficient evidence was not left, resulting in the inability to confirm the borrower, amount, interest, whether it has been repaid, whether there is a guarantee, the method and measures of the guarantee and other facts during the litigation.
In some cases, when the loan amount, loan purpose, loan period and other matters are changed, there is a lack of written evidence to clarify it, and it is difficult to determine the liability for breach of contract after a dispute occurs.
Some people do not pay attention to keeping the evidence of repayment and recovery of arrears when repaying, which makes it difficult to determine the repayment amount and its interest and the statute of limitations.
Especially when entrusting a third party to repay and collect money, there is a lack of written confirmation evidence for the fact of repayment.
The prosecutors disclosed a civil supervision case of private lending disputes.
Liu and Jiang are friends.
Liu lent 5 million yuan to Jiang, but because of his affection, he did not specify the interest in the loan contract, and only verbally agreed on a one-year period with an interest of 10%.
A year later, Jiang failed to repay the loan, and Liu sued the court. Since he could not provide evidence to prove that the loan agreed to have interest, the court only ordered Jiang to repay the principal, and did not support Liu's claim for interest.
The second point of "stepping on the thunder" is that the guarantor has insufficient understanding of the guarantee risks and easily becomes the "bearer" of other people's debts.
The prosecution found that many parties did not pay attention to the guarantee in the loan contract, resulting in damage to their own interests.
Some guarantors do not fully understand the meaning of the guarantee, and the corresponding legal responsibilities for the guarantee are not fully understood, and there are situations such as blind guarantee, forced guarantee, false guarantee, and fraudulent guarantee.
Some companies illegally provide external guarantees without going through legal procedures, or without the consent of the shareholders (general) meeting or the board of directors.
There are also guarantors who easily assume joint and several guaranty liabilities, and fail to notify the debtor in time after taking responsibility, so that the creditor can take advantage of it, receive double repayment, and seek illegitimate interests.
The third point of "stepping on thunder" is to ignore the limitation period or the guarantee period and fail to safeguard legitimate rights and interests.
Existing laws and regulations stipulate relatively clear statutes of limitations and other systems. During the handling of the case, the prosecutor found that many civil subjects, including banks and other financial institutions, did not realize the importance of the statute of limitations or the guarantee period, so they failed to exercise their litigation rights in a timely manner. Rights are not protected by law.
In response to the above "stepping on thunder", the Supreme People's Procuratorate suggested that the awareness of rights protection in accordance with the law should be strengthened, the correct risk awareness should be established, and the rational investment awareness should be enhanced.
Among them, it is clear that it is necessary to establish a scientific and rational concept of debt, consumption and investment and financial management, not to believe in investment products promoted through informal channels, to prevent excessive borrowing, inducing loans, "pre-consumption", and not to participate in "routine loans" and "usurious loans". and other illegal lending practices.