Current location - Education and Training Encyclopedia - University ranking - What are the legal risks related to student online loans?
What are the legal risks related to student online loans?
1. What are the legal risks related to students' online loans? First of all, lending is whether a person is legal or not, which is his greatest risk; Secondly, it is also his risk to recover the borrowed money; What's more, his inaction and illegal collection of loans are risky. Most formal online lending platforms have also launched loan channels for college students, and they have indeed complied with relevant laws and regulations. (1) Legal basis for the operation and charging of campus online loan platform: Article 424 of the Contract Law stipulates that an intermediary contract is a contract in which the intermediary reports the opportunity to conclude a contract to the client or provides media services for concluding a contract, and the client pays remuneration. Article 426 of the Contract Law stipulates that if the trustee-trader facilitates the establishment of a contract, the trustor shall pay remuneration as agreed. (II) Legal basis for the loan between the investor and the borrower: (1) Article 19 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that the legal loan relationship is protected by law. (2) Article 22 1 of the Contract Law stipulates that if the loan contract between natural persons stipulates to pay interest, the loan interest rate shall not violate the provisions of the state on limiting the loan interest rate. (3) Article 6 of "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases" stipulates that the interest rate of private lending can be appropriately higher than that of banks, and local people's courts can specifically grasp it according to the actual situation in the region, but the maximum interest rate shall not exceed four times (including interest rate) of similar loans of banks. Beyond this limit, the excess interest will not be protected. Article 10 stipulates that a loan relationship formed by one party against its true meaning by means of fraud, coercion or taking advantage of the danger of others shall be deemed invalid. Article 1 1 stipulates that the lender knows that the borrower is borrowing money for illegal activities, and its lending relationship is not protected. Article 13 stipulates that in the loan relationship, the person who only plays the role of contact and introduction does not bear the guarantee responsibility. If there is a real intention to guarantee the performance of the debt, it shall be recognized as a guarantor and bear the guarantee responsibility. (3) Article 53 of the Guarantee Law of People's Republic of China (PRC) stipulates that if the mortgagee has not been paid off at the expiration of the debt performance period, he may agree with the mortgagor to receive compensation by discounting the collateral or by auctioning or selling the collateral; If the agreement fails, the mortgagee may bring a lawsuit to the people's court. Article 198 of the Contract Law stipulates that when concluding a loan contract, the lender may require the borrower to provide a guarantee. (IV) The State encourages the development of the Internet finance industry: (1) Article 40 of the Law of People's Republic of China (PRC) on the Promotion of Small and Medium-sized Enterprises stipulates that the State encourages all kinds of social intermediary institutions to provide small and medium-sized enterprises with services such as entrepreneurship counseling, enterprise diagnosis, information consultation, marketing, investment and financing, loan guarantee, property right transaction, technology holding, talent introduction, talent training, foreign cooperation, exhibition and sales. (2) On May 4, 2065438+00, Article 36 of "Several Opinions of the State Council on Encouraging and Guiding the Healthy Development of Private Investment" clearly stated: encourage private capital to enter the financial field and initiate the establishment of financial intermediary service institutions. (3) Paragraph 16 of Article 6 of the State Council's Opinions on Promoting Information Consumption and Expanding Domestic Demand in June/3 proposes to build a safe and credible information consumption environment. Vigorously promote network trust services such as identity authentication, website authentication and electronic signature, and promote electronic business licenses. Promote internet financial innovation, standardize internet financial services, carry out certification of payment facilities of non-financial institutions, build a safe and credible mobile financial public service platform, and promote the development of multi-level payment system. Promote the coordination of national basic databases, financial credit information basic databases and other databases, and support the construction of social credit system. To sum up, the accidents of students' online loans account for the majority, so the relevant laws require that the forms of students' online loans must comply with the relevant regulations before they can make campus loans and provide students with selective loans, which is a better guarantee for college students who lack social experience, but students should also have certain self-control.