On April 9, 2019, two released two high " about dealing with " cover a road to borrow " criminal case the opinion of a certain number of problems " (the following abbreviation " cover a road to shift an opinion " ) , cover borrowed judicatory clearly to define.
Reply full text is as follows:
Cover a road to borrow belong to illegal criminality substantially, destroy financial administration order not only in executive process, still accompany generation a variety of illegal criminality, the person authority of victim of serious enroach on, belongings counterpoises, the debt with the false contract that its sign and baleful high base is same do not get legal protection.
That is to say, bear the liability that go up because of covering a road to borrow, borrower a minute of money not! With! Still!
For example: "The man borrows 7000 yuan to cover a road to borrow " one year to cease even this belt by " boil 3 million " .
Here, no matter be capital,7000 yuan still are benefit 3 million what roll benefit to must come, need not return completely.
Need not return not only, those were participated in " cover a road to borrow " person, also be sure to get of law punish severely.
This suffers to those equipment " cover a road to borrow " for destroying borrower, it is a good news that is fond of old general to run quickly undoubtedly.
After all " cover a road to borrow " it is to kill a person really not shallow!
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Extremely evil " cover a road to borrow " be after all how one step by step " cover a region " of borrower?
The first pace, false information is revulsive borrower borrows money.
Illegal finance company with " low doorsill, low interest, without assure, without guaranty " wait for false information to be cover, the borrower of those urgent need money comes to coax conduction loan.
The 2nd pace, charge of collection of concoct various pretexts.
After borrower writes message, with " the service is expended " " bail " " intermediary is expended " etc for to borrower additional collection cost is direct perhaps deduct partial amount from loan principal.
The 3rd pace, let borrower exceed the time limit intentionally or wanton cognizance break a contact.
Arrived when reimbursement date, finance company with " systematic information mistake " " the person is absent this locality " for refuse borrower on time reimbursement.
The 4th pace, baleful base high debt.
When when borrower is insolvent, these illegal finance company are met again borrower introduces other finance company, let borrower borrow new fund to return old Zhang, perhaps coerce borrower signs the bill signed in acknowledgement of debt with high empty directly.
The 5th pace, force is urged close.
Once borrower is not returned,go up money, adopt annoy, the illegal behavior such as minatory, force is press borrower repay a debt.
Lend money temporarily bright, the crematory after borrowing.
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About " cover a road to borrow " , returning those who a bit must want to explain with everybody is: Cover a road to borrow ≠ usurious! With folk breath of leasehold, behead, 714 tall artillery piece differ somewhat.
Here unscrambles in detail to everybody:
One, cover a road to borrow with usurious distinction:
Usurious, it is to show the circumstance that agrees in both sides falls to obtain the folk of accrual of high specified number through borrowing a capital leasehold behavior. For years only 36% what changed interest rate to exceed a country to set, just involve illegal crime.
And cover a road to borrow, it is the guilty activity that shows with detinue other property is carried out for the purpose. Change character, lent usurious money, it is gold of need countervail repayment of capital and annual interest rate the accrual in 24% less than. And borrowed " cover a road to borrow " money, a minute of money need not be returned.
That says, if borrower has loan demand when, can first selection " cover a road to borrow " , need not return money next?
Not be of course!
If borrower is below the condition that knows the other side is to cover a road to borrow, be determined to borrow money to obtain money. Once be confirmed loan purpose is impure, the identity of that borrower can not be get protection " victim " , want detinue other property however " swindler " .
Finally, when hoping each borrower is borrowing money, constant sharpen one's vigilance, avoid to fall into the decoy that illegal element designs.
2, cover a road to borrow as leasehold as folk distinction
Folk's leasehold capital and legal interest all get legal protection, and " cover a road to borrow " belong to illegal criminality substantially, it is one is wrapping around the solid fraud of bilk of travel of civilian leasehold appearance, merit law penalizes
Cover a road to borrow with usurious not be one and the same. Covering a road to borrow is crime, it is a road constitutionally, it is to cheat.
Cover a road to borrow, basis on April 9 two two tall (top magic art, highest check, the Ministry of Public Security, judiciary) the issuance judicatory opinion that shifts a case about handling a way, it is to point to to be a purpose with detinue, folk of make use of's leasehold name, prevail on or force the injured party to sign " leasehold " or covert " leasehold " " guaranty " " assure " wait for relevant agreement, add the means such as evidence of the leasehold amount, baleful production break a contact, wanton cognizance break a contact, reimbursement that destroy conceal to form debt of false creditor's rights through empty, and the generality appellation of the activity of relevant illegal crime that lawsuit of have the aid of, arbitral, notarization perhaps uses property of the injured party of violent, menace and other measure detinue.
So we can see, a road of a lot of bilk sexes borrow, it is behavior of a kind of deceit, namely dummy fact, hide the fact, for instance empty increases leasehold amount, baleful production break a contact waits behavior a moment, let borrower for no reason be decieved, in imperceptible in let borrower bear the capital that should not be in charge of and interest, put in bunco namely - the behavior process that be decieved, this kind may form bilk sex to cover a road to borrow, the accusation that be suspected of is crime of fraud.
3, behead breath calculates do not calculate a road to borrow
Alleged behead ceases, it is the person that point to loan is put one part money is deducted from inside capital first when borrowing, for instance both sides agrees loan 10 thousand, pay actually to have 9800 only, count without 200 when pay the accrual of the first month pays beforehand, this makes behead news. News of this kind of behead does not get legal protection actually, that is to say, if borrower maintains capital can with 9800 computation, the judge can support.
But does breath of this kind of behead calculate do not calculate a road to borrow? Basically see the agreement of contract provision, if contract with " bail " " guild regulations " wait for borrower of false reason prevail on to be based on wrong understanding to sign amount empty tall " leasehold " agreement or relevant agreement, namely borrower is right this not know the inside story, count cover a road to borrow; But the agreement that if the contract is planted to this,behead ceases is very definite, bilateral meaning expression is very clear, after the event of even if borrower thinks him interest is damaged not to agree, just also count civil dispute (it is loan just wins commonly) , cannot count cover a road to borrow.
4, 714 tall artillery piece calculate do not calculate a road to borrow
714 tall artillery piece are to show those deadline are 7 days or high interest network of 14 days borrows money, its include high specified number " behead ceases " reach " charge of exceed the time limit " .
If after borrower loan, platform expires not to accept borrower intentionally reimbursement or still cease, make the case of borrower break a contact painstakingly thereby, move platform next so called exceed the time limit punishs news article, let borrower bear interest of high specified number, perhaps appoint its to repay for borrower to related company " loan " , the empty with then and larger specified number of subscription of autograph of the injured party is tall " leasehold " agreement or relevant agreement, plant through this " turn Chan Ping Zhang " " still borrow in order to borrow " means is ceaseless base is tall " debt " . This kind, belong to a road to borrow, be suspected of swindler blame, if still use violent, soft violent kind to press for payment of debts, urge close, be suspected of blackmail.
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Face " cover a road to borrow " , how should be we avoided suffer its to kill?
Above all, should have be on guard consciousness, not credulous and alleged " convenient " loan platform. When having loan demand, first selection bank or other the loan orgnaization that finance holds a card.
Next, want to have legal consciousness, repay not blindly debt. Him discovery encountered " cover a road to borrow " , not confused, do not want to be afraid of, should not return money blindly more! First the chatting evidence of contract of keep good loan, come-and-go, evidence such as bank running water. Next report a case to the security authorities to police for a short while or sweep black inform against except ferocious act group.
