The relevant departments strongly appeal to the state to enact relevant laws to directly put an end to campus loans and not allow any lending institution to provide loans to college students. In fact, this idea is also due to a series of vicious results caused by campus loans. Many parents began to pay attention to the legal basis of the national campus loan after discovering that their children owed hundreds of thousands of yuan in campus loans.
1. What is the national legal basis for campus loans?
Add the list prohibited by articles 1 and 12 as article 13.
The prohibited behavior was increased from 12 in the original draft for comments to 13. Among them, "the transfer of creditor's rights between non-investors is prohibited, and the high-risk areas of financing information intermediary services are no longer provided." Add prohibited behavior.
2. Determine the loan ceiling.
Previously, the rumor of "single natural person and legal person loan limit" in the industry was confirmed, which clearly stipulated the upper limit of the loan balance of the same borrower in the same online lending institution and different online lending institutions. Li Junfeng, director of the inclusive finance Department of the China Banking Regulatory Commission, revealed at the press conference that the borrowing limit of a single individual and a single natural person on one platform is 200,000, that of a single institution and a legal person on a single platform is 6.5438+0 million, that of a single natural person on multiple platforms is 6.5438+0 million, and that of a single legal person on multiple platforms is 5 million and 6.5438+.
3. Determine the bank depository system of P2P funds.
It is determined that banking financial institutions will implement a third-party depository system for P2P online loan funds, and confirm the relevant principles of the previous Guidelines for Depository of P2P Funds (Consultation for Regulatory Opinions).
4.P2P supervision should follow the principle of "double responsibility"
The Interim Measures for the Management of Online Loans divides the functions of the CBRC and local financial regulatory agencies, and implements the principle of "double responsibility", that is, the CBRC and its dispatched offices supervise online lending business and will formulate a supervision system for online lending business activities; Local financial regulatory agencies are responsible for the supervision of online lending institutions.
5. Implement the system of qualified investors.
The "Measures" clearly put forward the lender classification and risk assessment, that is, the implementation of the qualified investor system, through risk disclosure and other measures to protect the lender's right to know and make decisions.
6. filing system, not licensing system: lenient entry and strict management
The "Measures" implement the non-licensing management system as a whole, and replace the prior supervision with the post-event management supervision, that is, the filing system is implemented, which means "lenient entry and strict exit". It is a denial of the license management system reported by the industry and the media before. Li Junfeng, director of the inclusive finance Department of the China Banking Regulatory Commission, said at the press conference that the Measures set up negative list management according to the negative list model, and at the same time, according to the requirements of simple administration and decentralization, put online lending institutions on record for management, instead of our traditional license. It is necessary to achieve the management of what we call "online lending" institutions through post-event supervision.
Second, the harm of campus loans
1. Campus loan is usury.
Criminals aim at colleges and universities and take advantage of the poor social cognitive ability and psychological fragility of college students to carry out short-term and micro-loan activities. On the surface, this kind of loan is "small profits but quick turnover", but in fact, criminals get 20-30 times the bank's interest rate and make students' money at will.
2. Campus loans will breed bad habits of borrowing students.
The financial source of college students mainly depends on the living expenses provided by their parents. If students have the psychology of keeping up with the joneses and have bad habits at ordinary times, then the expenses provided by parents are definitely not enough to meet their needs. Therefore, these students may turn to campus usury to obtain funds, which may lead to gambling, alcoholism and other bad hobbies, and may seriously skip classes and drop out of school because they are unable to repay.
If the loan cannot be returned in time, the lender will use various means to collect debts from the students.
When making a loan, some lenders will require certain value items as collateral, collect students' student ID cards and copies of their ID cards, and are very familiar with students' personal information. Therefore, once students fail to repay their loans on time, lenders may resort to intimidation, beating, threatening students and even their parents to collect debts violently, which will do great harm to the personal safety and campus order of college students.
Some criminals use "usury" to commit other crimes.
Lenders may use campus "usury" to defraud students of collateral and deposits, or use students' personal information for telephone fraud and credit card fraud. Please be cautious in handling "online loans" and "small loans". Don't apply for a loan to others or provide a guarantee for others in your own name because of persuasion or being blinded by the so-called "benefit fee". If you need to apply for "online loan" or "micro-loan", you must consult your parents and banks, and beware of being deceived.
In fact, when it comes to campus loans, although the state says that relevant documents explicitly prohibit loans to students, there are also many platforms on the market that can lend. At present, in order to completely eliminate the campus, relatively clear rules and regulations have been introduced in the p2p fund management system. Most importantly, schools and parents must attach importance to students' education in all aspects except grades.