Guide language: The law Wu that has illicit collect platform or lawyer by certain project square in public humiliate: "Your boss is caught, what lawsuit to still hit with us? What lawsuit to still hit with us??
Text: Explode from the P2P 2018 Lei Chao, explode to the illicit collect 2019 Lei Chao, apparently, it is sad sound holds a lot of investor, the employee of a lot of platform is cost with be imprisoned, but have one part person actually, it is this congratulate each other.
It is partial reimbursement person or loan square, because once platform explodes thunder, a lot of people think he need not return money.
In illicit collect kind collect money illegally in the case, this kind of thing is more.
Collect money illegally actually of the case successional erupt, caused problem is investor make trouble not just, have very direct but the consequence that is ignored easily, it is borrower or the person that asset carries thinks he need not return money. And such, final loss still is broad investor and borrower, obviously the project just has money and should return money, but because,be platform by criminal put on record, cause a project square money is chased after feebly escape, whole thing entered dead loop.
Accordingly, there is a lot of to collect money illegally really in practice case, of partial area handle a case mechanism can give effective control man hour and space, live e.g. be bailed out or surveillance, seek a fund actually namely to let him, make a project square return money in time, block cavity up on, let lentic change flowing water. In the meantime, the borrower that lets have active reimbursement desire and project just have benign the passageway that solves a problem.
And a lot of collect money illegally case, once project square or borrower hears of platform by criminal put on record, solid accuse to the person is caught or run road, what reimbursement apiration drops is unusually low. And the civil suit that reimbursement recovers between the platform before this and project Fang Zhi, because,the court often also is met accuser square (platform square) involve criminal case and break down cognizance, this kind of circumstance is in industry of illicit collect fund is more, it is true that place of platform of collect of a lot of illicit casts project itself, because this is very multinomial,eye just should be assumed originally lawful the obligation that return a money, but most beginning is the project cash problem that economic environment be issued to lower levels causes, can procrastinate, procrastinate to engage in a lawsuit, lawsuit is hit, illicit collect platform won the lawsuit, pull executive issue, pull illicit collect platform to explode all the time thunder, cannot cash investor, investor calls the police in succession, police put on record, project square congratulate each other, shout not to return money! The law Wu that has illicit collect platform even or lawyer by certain project square in public humiliate: "Your boss is caught, what lawsuit to still hit with us? What lawsuit to still hit with us??
Of human nature evil, is it possible that such.
Even, collect money a little illegally the origin of the case, because investor calls the police,not be bring about put on record, however loan square ill will not reimbursement, camouflage reports a case to the security authorities into investor and perhaps bring about platform criminal put on record with crime of fraud even.
In the meantime, square to platform the as square as the project recovery action between, should distinguish strictly, if the project of platform is true, this lawsuit and the collect that make the same score body of a playscript with stage directions endowment the problem has nothing to do, not should break down cognizance, start in time perhaps lawsuit and executive program, according to the relevant provision of opinion of leasehold judicatory of folk of highest 2015 courtyard, this kind of practice is not to do not have a basis, the domestic proposal that Shenzhen drops makes model in this respect, maintained the interest of investor actively. Relevant law basis is 2015 " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems "
After put on record of court of the 6th people, although case of leasehold dispute of discovery and folk concerns couplet but not be same fact be suspected of those who wait for guilty clew, material collecting money illegally, people court ought to continue to hear case of civilian leasehold dispute, will be suspected of collecting money illegally the clew that waits for crime, data moves send public security or procuratorial work mechanism.
That is to say, if be itself of civilian leasehold behavior is suspected of collecting money illegally,commit a crime, ought to rule reject sue, will be suspected of collecting money illegally guilty clew, data moves send public security or procuratorial work mechanism. This kind appears in the civilian lawsuit between investor and platform commonly, break down cognizance, reject sue very common, general meeting comply with first after punishment civilian set processing.
But, if be platform and project square, or investor and corresponding project square lawsuit, platform involves criminal case, it is the problem that collect endowment carries merely, use end with capital, namely square leasehold care does not belong to the project same fact, just put in related concern, cannot reject quite sue or break down cognizance.
Additional, be aimed at P2P platform, basis " activity of business of orgnaization of leasehold message medium manages the network temporary measure " in the fixed position that shifts platform to the net, "The network is leasehold message medium orgnaization is to point to establish lawfully, be engaged in a network technically the company of financial message medium of activity of business of leasehold message medium " , namely the net borrows platform to regard information as intermediary only, rise only in leasehold relation " match trade " action. That is to say, if P2P platform runs problem stop business because of oneself, close down, it is even " ill will runs road " , want lender and borrower to have legal leasehold relation evidence only, borrower place owes money to must remand as agreed upon. Just, platform of a lot of P2P (include illicit raise) problem of presence capital pool, what cannot accomplish borrower and lender is one to one correspondence, right now, platform can receive debit as creditor's rights only, assume obligation getting a money.
So, the state raises funds illegally in blow while, want to hit Laolai strictly lawfully, strengthen civil executive strength.
In recent years the country is solved in the key " it is difficult to carry out " problem, hit Laolai with all one's strength, actually, this policy, with collect money illegally the solution lock of the problem, be closely bound up.
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