It is not illegal for the four major domestic banks and other formal financial departments to lend loans to college students. If it is an informal lending industry, such as regular lending, it is illegal and criminal. Don't be cheated. Adults are people with full capacity for civil conduct and can independently carry out civil legal acts. /kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.
As long as the interest rate agreed by both parties does not exceed 4 times the interest rate quoted in the one-year loan market when the contract is established, private lending will be protected by law. Moreover, college students are people with full capacity for civil conduct and can conduct civil legal acts independently. If the lender requests the borrower to pay interest at the interest rate agreed in the contract, the people's court shall support it, except that the interest rate agreed by both parties exceeds 4 times the market quotation of one-year loan at the time of the establishment of the contract. The "one-year loan market quotation" mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20th, 20th, 20th19th. Minors under the age of eight are persons without capacity for civil conduct, and their legal representatives act as agents to carry out civil legal acts. An adult who can't fully recognize his own behavior is a person with limited capacity for civil conduct, and the implementation of a civil juristic act is represented by his legal representative or recognized and ratified by his legal representative; However, civil legal acts that are purely beneficial or suitable for their intellectual and mental health can be implemented independently.
legal ground
Guiding Opinions of China Banking Regulatory Commission on Bank Risk Prevention and Control.
(twenty-seven) continue to promote the peer-to-peer lending platform (P2P) risk special rectification. Strictly implement the Interim Measures for the Management of Business Activities of Peer-to-Peer Lending Information Intermediaries and supporting systems such as filing and registration, fund deposit and management, steadily push forward the classified disposal work according to the requirements of the implementation plan of special rectification work, and urge peer-to-peer lending information intermediaries to strengthen rectification and take timely measures such as closure, stop, merger and transfer.
(twenty-eight) focus on cleaning up and rectifying campus online loans. Peer-to-peer lending information intermediaries shall not include borrowers who are unable to repay their loans in the marketing scope, and shall not provide online lending services to college students under the age of 18, conduct false fraudulent propaganda and sales, or issue usury in disguise through various means.
Article 11 of the Interim Measures for the Administration of Personal Loans
Personal loan application shall meet the following conditions:
(1) The borrower is a People's Republic of China (PRC) citizen with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;
(2) The purpose of the loan is clear and legal;
(3) The amount, duration and currency of the loan application are reasonable;
(4) The borrower has the willingness and ability to repay;
(5) The borrower's credit status is good and there is no significant bad credit record;
(6) Other conditions required by the lender.