Realize news of the empty network that return profit two handcart guaranty, room is touched borrow the mode that waits for a net to borrow platform go ahead of the rest and borrower to sign arbitral resolution to will make the history. On June 11, beijing business signs up for reporter know, top people court " about arbitral orgnaization " Xian Yuzhong is cut into parts " adjudicate on or case of intercessory book end, carry out wait for law the give an official of applicable problem " the 1740th times via committee of trial of top people court the conference is discussed through, applied on June 12, 2018. Give an official is clear, application of leasehold contract party carries out the network to the arbitration that arbitral orgnaization makes before dispute happening adjudicates on or mediate a book, people court ought to rule do not grant to had accepted; , the ruling rejects executive application. Analytic personage thinks, this mode is denied, urge the network that controls important step to borrow platform to serving as this means, the wind after the likelihood is borrowed accuses train of thought to will produce change, bad data is in the platform that wind accuses weakness possibly also subsequently short-term inside climb litre.
"Xian Yuzhong is cut into parts " mode is denied
As the development of Internet finance, because finance superintends policy consideration, the net borrows platform oneself to be prohibited providing the measure that add a letter, some nets borrow platform to arbitrate through introducing, for leasehold trading credence endorses, arbitral orgnaization to extend arbitral business innovation gives the share " Xian Yuzhong is cut into parts " horizontal sky is born. It is reported, objects of these arbitral orgnaization service basically are large network borrows platform, borrower is dispersive the netizen in countrywide each district, amount reachs several yuan for hundreds yuan commonly.
However the arbitral mode of this kind of innovation is made stop by top people court. On June 11, chief of executive bureau of top people court " Xian Yuzhong is cut into parts " put on record, carry out wait for law the give an official of applicable problem answers when the reporter asks, clear arbitral orgnaization did not produce a network in party when leasehold contract dispute, the arbitration that grants to make first adjudicates on or mediate a book, do not answer to be accepted as executive case put on record.
"According to arbitral law the 2nd, what arbitral orgnaization can arbitrate is dispute of rights and interests of the contract dispute that happens between equal principal part, other property. And the characteristic of dispute depends on just be opposite each when the thing controversy of existence of civil rights obligation. Arbitral essence depends on open to question or dispute happens actually, do not have the arbitration namely without controversy, start arbitrally must be premise with producing controversy actually. From ' Xian Yuzhong is cut into parts ' case characteristic looks, the possibility that existence happening dispute is only between party or risk, when arbitrating the orgnaization happens not actually in dispute, beforehand direct way is made all right pay adjudication to perhaps mediate a book, broke away from arbitral fundamental and system purpose. Accordingly, we think, this kind of writ although the name is arbitral adjudication book, mediation book, but either the arbitration on meaning of code of civil law, arbitral law adjudicates on or mediate a book, its property is similar to pair of contracts to undertake witnessing. So called to this kind arbitration adjudicates on or intercessory book is carried out compulsively, lack legal basis. Accordingly, regulation of give an official, the arbitration that arbitral orgnaization makes before dispute happening adjudicates on or mediate a book, party applies for to carry out, people court ought to rule do not grant to accept; Had accepted, the ruling rejects executive application. " chief of executive bureau of top people court explains.
He Wei " is Xian Yuzhong cut into parts " ? Top people court carries out bureau chief to express, "Xian Yuzhong is cut into parts " mode is, to ensure both sides will fulfil affirmatory right obligation henceforth, safeguard will come rights and interests is able to come true, after avoiding, go again arbitrate or the trouble that lawsuit brings. Party is in sign, fulfill a network leasehold contract and when producing issue, request to arbitrate the orgnaization has consultative start off before the others to make according to its namely have sanction and the legal copy clerk of executive force, include to arbitrate intercessory book and the arbitration that make according to mediating an agreement adjudicate on. The part arbitrates the orgnaization accepts amount of this kind of case to achieve 1 million in recent years.
Borrow an industry to be example with the net, when borrower mortgages car in some the net borrows platform, if this platform introduces " Xian Yuzhong is cut into parts " program, that borrower need signs a Xian Yuzhong to cut an agreement into parts in the synchronism when signing loan agreement. If later period borrower fails on time reimbursement, platform can apply for the arbitration appoint sign and issue adjudication book, if borrower nonperformance adjudicates on, that platform can apply for a court to be carried out compulsively.
To borrower " unjust "
In the analysis the personage looks, "Xian Yuzhong is cut into parts " this kind of new arbitral way has really a certain number of " advantage " , if time of end a case is short, program of segment of cognizance, quote, service simplifies, omited conserve program, reduce dimension authority cost, be on guard the risk of break a contact of debtor, especially " after be being borrowed to many orgnaizations, urge close bring convenient " , got inclusive bank, fund so company, small a lot of orgnaization favour that the financial orgnaization such as finance company and net borrow platform inside. But, this kind of mode is inequitable to borrower.
The personage inside course of study expresses, "Xian Yuzhong is cut into parts " have multinomial restriction to the right of borrower, the loan contract that stipulates borrower is referred to platform for instance is other perhaps pay a proof to wait to close material to express first consentient, abandon providing evidence, rejoin the right such as authority, and " Xian Yuzhong is cut into parts " not classics cognizance or intercessory process, execute the agreement that reachs beforehand directly, stripped the basic course right of borrower, affect correct, judicial ruling. In addition, partial loan contract showed borrower and P2P net to borrow platform only, did not state investor. Creditor's rights concern is unidentified, although borrower implements arbitral resolution, object also cannot specific to lender. And partial platform " Xian Yuzhong is cut into parts " need investor makes over creditor's rights platform, apply for to be carried out arbitrally, compulsively after platform obtains creditor's rights, the message medium fixed position of this likelihood and platform nots agree with.
More important is, because the net borrows industry good and evil people mixed up, a few arbitral orgnaizations also give on certain level violate the cash of compasses to borrow orgnaization and " cover a road to borrow " the orgnaization offers advantage. Inside course of study the personage looks, in a few " Xian Yuzhong is cut into parts " in the case, person be executived acquires the share actually loan carries under the agreement apparently bright creditor's rights amount, arbitrate the orgnaization is checked not strictly to this, become aggravating debtor interest duty. A few creditor did not obtain Internet finance concessionary management charter, existence manages a problem illegally, make party of other one party drops elaborate setting " cover a region " in.
And these offerring " Xian Yuzhong is cut into parts " the civilian orgnaization that arbitrates the orgnaization is assume sole responsibility for its profits or losses more. Beijing searchs Wang Deyi of solicitor of true attorney office to express, the system that our country civil case is carried out or arbitrate or tries; The adjudication book that arbitral orgnaization makes and report of become effective of courtyard of person civil code are same, have the effectiveness that can carry out compulsively. Put on record is registered after making solid inflict, the court suffers record amount increase sharply, bring about a lot of courts to cannot be restricted in legal careful inside the case that finish tries the job, your the effective protection when the rights and interests of party gets reaching hard. And arbitral orgnaization is assume sole responsibility for its profits or losses, the main source of their income is the arbitral fee that party pays. Accordingly, arbitral orgnaization has the pressure that extends business domain and power. The arbitral orgnaization of a few places to extend business source, in the deviate on business development the limits of set of arbitral law place.
Platform fraction defective fears rising
Manner of this highest courtyard will been adopted " Xian Yuzhong is cut into parts " the net of the method borrows platform to make a prototype, the platform fraction defective that takes in travel wind accuses is urged to fear rising after support is borrowed partly.
"Write in format clause to the part ' Xian Yuzhong is cut into parts ' clausal net borrows platform, former client trades this type clause in the agreement will is attributed to invalid, platform should reach new controversy to settle a provision with the client hard. Comply with law the premise that managing is innovation of Internet platform system and foundation, answer when producing controversy the relevant provision according to arbitral law or code of civil law, those who ensure an user rejoin, the right of qualitative card, controversy and mediation. " Wang Deyi say.
As we have learned, current, of platform of each other gold urge debit type to basically have 3 kinds, it is interior is urged above all close, namely platform is set oneself urge receive a branch to undertake knock off is made urging, generally speaking, m1 less than is belonged to inside urge. After exceeding M1, platform is met appoint outside urge close, bale tripartite is urged receive a company to undertake urging closing. If urge,close invalid, can start network arbitration, according to ' Xian Yuzhong is cut into parts ' clause, carry out the pawn in the contract compulsively. Before this, the personage inside course of study discloses, the market is borrowed in two handcart, stop a car the core wind that urging debit form is most platform accuses, that is to say, main support receives platform before the car will undertake urging closing.
The personage inside course of study expresses, "Xian Yuzhong is cut into parts " after be being denied, platform asks the intercessory agreement that cannot sign according to borrower arbitral adjudication, urge the platform that receives important step to serving as this means, the wind after the likelihood is borrowed accuses to will appear weak point, the bad data of platform is in possibly also subsequently short-term inside climb litre.
Gunny-bag academy considers to also think south chief inspector road, "Xian Yuzhong is cut into parts " be made stop, will make urge receive pressure to return platform afresh, short-term inside can bring about the rate of platform exceed the time limit that has this kind of collaboration to rise, urge close complain grow in quantity.
"Urge closing is to be based on what had existed to anticipate creditor's rights to undertake, to the dispute over obligation that has not form, carry out belongings of other one party to one party ahead of schedule " prerogative " , indeed inappropriate. Ecbolic give deformation " grant to carry out first " flank mirrorred a net to borrow an industry to be badly in need of judicatory relieving a method. It is cash is the investor of king at the same time, it is to urge wanted creditor's rights hard at the same time, even if is to the circumstance that full specified amount mortgages falls, change it is difficult to show also be outstanding issue, large quantities of nets shift tomorrow because urge,the enterprise fears closing adverse, will draw cash crisis. " Xiao Sa of director of seminar of law of Bank of China says so.
Nevertheless, a net borrows platform relevant personage expresses to reporter of Beijing business newspaper, top magic art denies this " Xian Yuzhong is cut into parts " , solve actually what do not affect issue, be like borrower occurrence exceed the time limit not reimbursement, still can pass the arbitration or laws and regulations of other and relevant law to settle dispute. Future, expect the industry can be built " artificial intelligence + the lawyer cases + credit " mode, rely on the implementation such as law and artificial intelligence " sunshine is urged close " .
