Since June, p2P net borrows industry risk incident to explode ceaselessly piece, partial borrower tries to use platform to explode thunder, clear dish of disorder after is baleful escape useless debt, this group is farther also aggravate the aggravation that P2P net borrows an industry to manage an environment. To answer this one chaos to resemble, superintendency layer and association of gold of each district each other allotted blow to escape in succession the relevant policy document of useless debt behavior, increase pair of ill will to escape the blow strength of useless debt behavior, association of gold of Beijing each other still establishs alliance of social credit system, share list of exceed the time limit. The article often bilks specific introduction and escape way of the fundamental condition of useless debt, inquiry and needle escape to blow a few proposal that useless debt offers.
He Wei " Laolai "
The Laolai that ordinary people place thinks is to point to the person that owes money to be not returned, and on legal meaning " Laolai " , be called to break his promise to be carried out again person, be show person be executived has fulfill ability and copy clerk of law of refus nonperformance become effective determines obligation. Basis " top people court breaks his promise to be carried out about announcing a certain number of regulations of person list information " , person be executived did not fulfil the obligation with affirmatory copy clerk of become effective law, have one of following state, people court ought to bring into his break his promise to be carried out person list, have credit discipline sb as a warning to its lawfully:
One, have fulfill ability and copy clerk of law of refus nonperformance become effective determines obligation;
2, hamper in order to forge the method such as evidence, violent, menace, defy those who carry out;
3, with false suit, false arbitration or in order to hide, transfer the methodological avoid such as belongings to carry out;
4, violate property report system;
5, disobey limitative consumption to make;
6, carry out without warrant refus nonperformance reconcile of the agreement.
Break his promise to be carried out about be opposite the person's chasten, print and distribute of general office of general office of Central Committee of Communist Party of China, the State Council " advance about accelerating break his promise to be carried out person credence is supervised, caution and the opinion that chasten mechanism builds " , the requirement reinforces associated punish sb to teach him a lesson, be carried out to breaking one's promise of the person pursue specific trade or project, hold a post each respect such as qualification, admittance qualification, high spending undertakes limitative, if bond is issued in the market between the bank from severe examine and verify, hold the position of a state-owend enterprise to be in charge of limitation high, establish finance kind the forehead spends the limitation of the company, eligible investor limitation, children is read tall collect fees school limitation. Specific if express 1.
Near future net borrows Laolai people behavior of break a contact basically behaves ill will to abandon debt to escape, escape useless debt is to point to have the action that fulfill ability and does not endeavor to fulfill debt, it is behavior of a kind of civil break a contact. Be aimed at this one phenomenon, superintendency layer and autonomic organization begin to move to rectify, publish relevant policy document in succession, if punish of each other gold does, the net borrows the net that office of group of leader of special repair work is in the risk to was held jointly in August to borrow orgnaization risk to deal with reach a standard to develop working informal discussion to express clearly to want to increase pair of ill will to escape the blow strength of useless debt behavior, escape ill will the enterprise of useless debt and individual information are brought into the system that sign a letter and " credit China " database, guild of Shanghai Internet finance also allotted on August 27 " Shanghai net borrows an industry to break one's promise information types regulation (try out) " , break his promise clearly person standard, the ill will that expresses to will borrow an orgnaization to offer according to the net escapes useless debt break one's promise information, the newspaper after the assemble sends and type Shanghai communal credit information serves platform. Can see from inside afore-mentioned files superintendency layer alludes frequently credit China, so what is credit China after all, why to superintend a layer to want to escape ill will the borrower news bulletin of useless debt sends to credit China database, later development will undertake specific introducing.
Break one's promise list inquires a way, Chinese executive information makes public net and credit China
Break his promise at present list basically is announced in China executive information makes public the channel such as net and credit China, among them public network basically announced Chinese executive information to break his promise to be carried out the information of personnel of consumption of person, limitation, person be executived, information such as executive law copy clerk, can inquire pertinent information through full name or Id or company name or origanization construction code. According to China executive information makes public network news exposure, up to on August 28, 2018, already announced eleven million eight hundred and two thousand seven hundred to break his promise to be carried out person list, limitation takes a plane thirteen million seven hundred and fifty-one thousand two hundred person-time and limitation take the train five million and eighty-six thousand two hundred person-time.
Credit China is by the country development is reformed appoint, Chinese people bank is directive, national information center is sponsorred, it is governmental v&v compliment the total window that sincere letter, chasten breaks his promise, on June 1, 2015 the website is formal go up line operation. Credit China already broke his promise to be being added newly at present the information of associated chasten object, institution legal person that register and administrative punishment information, be restricted to fly be restricted to take information of domain of list, environmental protection, administration 13 information such as information of domain of information of domain of the information of license and administrative punishment, government, inspect that feed medicine, finance, cover range wider. Website home page also has code of unified society news red list of license of inquiry, administration and administrative punishment inquiry, be as good as one's word, break one's promise the inquiry column such as inquiry of list of attention of blacklist, key, punishment of the administrative license that also can use company name or code of unified society credence to search column to inquire an enterprise directly through home page additionally, administration, be as good as one's word in all list, break one's promise the particular case such as red list. According to the data exposure of credit China, countrywide credit information shares platform already accumulative total puts in collect 's charge to break one's promise blacklist information 19.43 million, red list information 670 thousand, collect break his promise to be carried out person 6.44 million, collect a key to pay close attention to list 8.27 million.
Inquire from these two channel will look, china carries out information to make public a net is by top people the court is sponsorred, the information of exposure more apt court tries and carry out a result. And the information that credit China discloses is opposite more comprehensive, covered range is wider also, enclothed Wu of industrial and commercial, duty, environmental protection, feed the many domains such as medicine, its website information basically is by the country development is reformed appoint, the people bank, civilization central does, in the center of make up do, unit of joint meeting member holds the edge of ministry of construction of social credit system such as top magic art and share platform to push to countrywide credit information send, and credit China already was received at present save system of area city credit into 32, but from fair show information to look, at present credit China has not undertake conformity to all information, did not establish a record of complete credit main body, more deflection at departmental door information fair show gather website, and come from the list that publish look, give priority to with the enterprise, the individual breaks his promise information is opposite less. Nevertheless the country develops innovation appoint general office, people bank general office allotted on July 24, 2018 " inform about what to breaking one's promise main body strengthens credit to superintend " break his promise clearly main body of list of attention of the of all kinds blacklist that main body includes credit China, key, affirmed the intention of credit China, still ask to build break his promise to rectify and reform system, standard to begin for deadline all right break one's promise clew and caution talk about, ask to strengthen information is shared extensively and break his promise information is directional push send, ask system of provincial society credit builds leading unit to want to will break his promise main body is relevant information, by break one's promise associated chasten measure is pushed respectively give relevant executive unit, push respectively by the area give local government relevant department, can see credit China will be the important window that construction of social credit system and information share, the associated chasten that once be included credit China blacklist or focal point,pays close attention to list to will face departmental door possibly.
About blow " escape useless debt " suggested at 3 o'clock
Advanced tide of paragraph of time industry cruel thunder is medium, partial borrower slips into investment in the crowd, baleful and incendiary mood, production panic, the purpose uses disorder of platform cruel thunder to escape useless debt, this group borrows those who make the same score typhonic danger to erupt to also quickened P2P net, and borrower can appear ill will escapes because these borrower reimbursement apiration are inferior,useless debt situation basically is, lack legal common sense at the same time, think to money need not be returned after platform closes down, can dodge the creditor, and major platform was not received at present enter the system that sign a letter, cost of break a contact is inferior. Although the near future superintended a layer to also publish relevant policy document, produced certain awe to borrower, but had not come on stage up to now more detailed escape about blow the policy document of useless debt. Because this author is aimed at blow " escape useless debt " put forward to suggested at 3 o'clock below.
1. is made clear and open P2P net borrows platform to receive the main body of the system that sign a letter and channel
At present P2P net borrows an industry to ask for letter system to return very not perfect, major platform has not accept the system that sign a letter. With 100 travel ask forring the letter is exemple, current and only delightful borrow and pat pat borrow two P2P net to borrow platform to receive 100 to sign a letter. Because the net borrows platform to had be notted ask for with the Central Bank,also believing a butt joint of course, "Bull is leasehold " , " voluntary exceed the time limit " , " ill will is cheated borrow " wait for a phenomenon to be banned repeatedly more than, "Laolai people " secure in the knowledge that one has strong backing. Although 108 problems detailed list also makes clear requirement platform to need to press a requirement to be received in time,concern the system that sign a letter and offer lawfully, inquire and use information of concerned finance credit, but the main body signing a letter that superintends a layer to have not make clear a net to borrow platform to should be received up to now and open the channel that accepts the system that sign a letter, suggest superintendency layer can publish relevant policy as soon as possible, perfect P2P net borrows the system signing a letter of the industry, borrow the net state of affairs of platform borrower news and Central Bank to ask for letter system or join of photograph of the other and relevant system that sign a letter, increase cost of borrower break a contact.
2.Build a net to borrow list of industry exceed the time limit to share a system
At present majority net borrows platform leasehold information has not bring into the system that sign a letter, information also is lacked to share a mechanism between the orgnaization, and many P2P nets borrow platform regard user data as core competition ability, it is to not be willing to make public and be shared, the orgnaization with mass data different consist in. Association of Chinese Internet banking or association of local Internet banking or superintendency layer can build list of exceed the time limit to share a system, be like but the borrower news list M3 of exceed the time limit or M6 undertakes sharing, form risk early-warning mechanism, of pair of borrower ventures that promote P2P net to borrow platform differentiate ability, decrease " bull is leasehold " , " cheat borrow " possibility, also can break the issue of information Gu island on certain level.
3.Platform can introduce network arbitration, escape the ill will of refus nonperformance the person that abandon debt brings into blacklist
Cope with ill will to escape actually the step with the most significant borrower of useless debt brings into his blacklist namely, include break his promise to be carried out person, maintain in admittance of financing, market, aptitude, hold a post, give the respect such as travel, high spending to give across-the-board restriction, raise cost of borrower break a contact. But at present these limitation are aimed at more break his promise to be carried out person, and time of traditional law lawsuit often longer, cost is higher also, and the net lends loan amount often lesser, client is numerous, processing rises time-consuming and arduous. The author suggests platform can introduce network arbitration, the cognizance cost with arbitral network and time cost often relatively low, the adjudication book that and the network arbitrates makes is to have legal effectiveness, when book of adjudication of borrower nonperformance become effective, the intermediate people court of the belongings seat that the material that application carries out a person to be able to reach other court to set by book of adjudication of this become effective perhaps is carried out to ground of abode of person be executived applies for to be carried out compulsively. Additional, superintendency layer expresses clearly already to escape ill will the enterprise of useless debt and individual information are brought into the system that sign a letter and " credit China " database, the proposal can escape the ill will of refus nonperformance the person that abandon debt brings into blacklist, perfect associated chasten mechanism further, produce certain awe power to borrower thereby.
Summary
In this one cruel Lei Chao, we saw the exposure of all sorts of human nature, partial borrower borrows machine dodge the creditor, baleful and incendiary mood, production panic, be aimed at this one phenomenon nevertheless, superintendency layer already began to move to rectify, increase blow ill will to escape the strength of useless debt, this is undoubted to industry and investor it is major interest good news, the industry also is in at present slowly get warm again after a cold spell, tend stable. Actually blow escapes useless debt is relevant of policy coming on stage also is to admonish again the net borrows Laolai people, do not think platform closes down to be able to dodge the creditor, debt relationship won't close down because of platform or clear dish and disappear, ill will escapes the person that abandon debt is sure to be faced with chasten, the net borrows the ground outside be not a law.
