On April 9, 2019, the name is " CCTV exposure clause of Shang Deba king " if problem, ascend small gain to heat up search, cause netizen heat to discuss.
Staff member of orgnaization of Shang De of exposure of CCTV finance and economics signs up to allow student, side student handles loan, pay tuition in installment. Affirmatory if apply for refund, cancel a course, loan can stop after 3 months in installment. The fact is however, once student applies for to retreat class, refund, loan cannot stop not only, if student not on time reimbursement, the individual asks for a letter to still will be affected badly.
The network of Shang De orgnaization grooms curricular price is controlled in 10 thousand yuan mostly, to the consumer with economic insufficient capacity, orgnaization staff member expresses, course does not have privilege, but can help their conduction loan, hand in first of 10% head pay, the others money can undertake disbursement in installment.
If sign up personnel is to be in school student or the economic income that did not stabilize, the information such as the identity of the member that orgnaization staff member can forge person signing up, address will help their conduction loan, affirmatory if apply for refund, cancel a course, loan can stop after 3 months in installment.
If groom,the staff member of the orgnaization helps student really actively have loan with false identity information, so is this behavior in jural how should define?
We invite Wu Shizhu of office of Jiangsu canon attorney's lawyer to undertake law unscramble.
Information of the identity that use a holiday helps the action that student borrows money, disobey " loan general rule " in " the data that provides usurer requirement according to the facts " regulation, attribute fraudulent action, basis " contract law " regulation, such loan contract is belonged to but cancel contract, usurer can cut an orgnaization into parts to intermediate accordingly or courtyard of person civil code puts forward the request of cancel contract.
If the staff member wins the action of false identity information,offend " criminal law " , will prove student belongs to service personnel than forging national office archives, seal to wait so, be suspected of making crime. In addition, borrow money with false information diddle, according to its specific clue, be suspected of possibly still making diddle loan crime.
In Shang De the enthusiasm of orgnaization salesperson is promoted, the consumer with insufficient capacity of a lot of economy handled loan. Once they apply for,can retreat class, refund, when wanting to stop loan, loan stops to be not dropped not only, if consumer does not continue on schedule reimbursement, the individual asks for a letter to still can be affected badly.
So, carry loan debt on the back to those bodies, be rejected by the orgnaization again however the student of refund, what relieve a way?
Want strict divisional student to reject whether clearly to groom the orgnaization uses fraudulent action loan.
If student knows but the action of this kind of false loan that refuses the school clearly, groom orgnaization still not refund terminates contract of false information loan, can press verbal commitment of the staff member, ask its are fulfilled. Because, the contract is not only and written form, oral agreement wants only not lawbreaking it is namely effective. In addition, student is OK still to bank, silver-colored inspect society of meeting, consumer undertake complaining, the contract of false information loan that asks to stop oneself to bear. Because, the bank should terminate contract of false information loan, need makes a thorough investigation of examine and approve link to have without violate compasses check concerned data, make clear relevant responsibility person even, so, can be being complained to bank or silver-colored inspect is the most efficient way.
If student knows to groom,the orgnaization uses Dan Weiming of fraudulent action loan to reject to groom truly this kind of course of action of the orgnaization, need to be analysed according to particular case so whether should also assume corresponding responsibility.
Retreat class, refund, the question that ends loan is couldn't get for a long time solve, after consumer undertakes complaining to relevant section, staff member of Shang De orgnaization can refuse refund because of this.
To the problem that consumer reflects, reporter connection arrives related Shang De orgnaization chief. This controller expresses, company management has a lot of careless omission really, have drawback, but this behavior that is individual employee, the company does not allow dummy identity to undertake borrowing money in installment, once discovery can undertake discharge processing.
If be like really,groom orgnaization chief is said, the staff member uses false identity information to help student handle loan is specific action. So, groom the action that whether the orgnaization needs to be employee assumes responsibility?
If employee is put in such behavior really, groom the orgnaization needs to assume corresponding responsibility.
Basis " civil code general principles " the 170th regulation, the staff member holds a post with place the item inside the limits of one's functions and powers that unit name carries out, restrain its to hold a post unit. According to reportorial fact, employee is the delegate grooms actually the orgnaization is in conclude a treaty and fulfil a contract. From functionary action angle, the behavior of its employee grooms the orgnaization should assume responsibility.
Of course, groom the except that the orgnaization has contrary evidence to overthrow.
Here, warn customer, grooming the orgnaization signs up, before capture is expended, must examine content of agreement, contract seriously. Appear in the future dispute, can safeguard the legitimate rights and interests of oneself through legal measure. Face the amount on the market to groom variously project, must polish double eye, notice to discriminate.
Editor | Han Xin forest
Editing and rearrangement | Zheng Bo yuan
Law Wu | Zheng Junyu
Safeguard | Song Xiaojun
Chief editor | Wang Xiumin
