Main Boardits main feature is simplicity


04.08.2012, 19:15 - gwvttw87j - Rank 4 - 58 Pranešimai
Aimin Europe: private lending is a civil act, subject to the constraints and protection of the "Civil Law" and "Contract Law". Accordance with the relevant provisions of China's existing laws, the principal of the private lending to be protected, no more than a similar bank lending rate four times the interest equally protected by law, the excess is not protected by law.
Jie Huang: lawyer entrusted, whether the principal is usury company, or other subjects, as long as its commissioned matters is not illegal, they were all normal. Lawyers to fight usury company "difficult case" phenomenon is not is illegal, but the behavior is likely to deviate from the traditional moral standards; lawyers handle most of such cases should belong to the normal law areas of practice.
If defective, must have been the moral level, only to strengthen and improve the professional conduct of lawyers practicing character, in order to eliminate a lawyer misconduct, purify the social environment.
"A husband and wife, I am willing to go bankrupt to save her the opportunity to give her a fresh start in life." In the door of the loan-sharking debt collection,サッカー ユニフォーム, Zhang forced to explain to her husband "all" debt of 1.4 million yuan.
Left Zhang obtained a short-term comfort; bring endless trouble to her husband Huang Ming (a pseudonym).
Huang Jie: usury is more than similar bank lending rate four times the interest on lending behavior in the private lending, its main feature is simplicity, but higher interest rates, commonly known as usury.
Supreme People's Court "on the borrowing cases People's Court" Article XI, the lender knows the borrower is borrowing in order to carry out illegal activities and its lending relationship is not protected on both sides of the illegal lending practices, in accordance with "Civil Law" provisions of Article 134 sanctions.
Second, I have a wonderful family, gambling caused by broken, makes me not only a family can not come back, and even the son almost did not recognize me, now repentant. In the case of my condition has improved, I pledge to take the initiative to amortize the borrowers to the lender.
Leaving yellow troubled lenders prosecution to the court, the name of husband and wife co-signed debt Huang Ming Huang Ming caught in an endless lawsuit disputes.
Huang Ming, the words "近墨者黑" in Zhang fled leaving the "10,000-word book. During the mahjong business, I know a bunch of no fixed nature risk-takers 'sister', they talk about the 'meaning of the Road', they pull me 'water' when I 'accept their hospitality'. "
Huang Jie: gambling, Department of legal acts prohibited, if the lender knows the borrower to borrow in order to engage in gambling activities and its lending relationship in accordance with the law should not be protected. Couples party and the external debt of their involvement in gambling is no law protected by the other party informed regardless of whether or not can not be recognized. If the borrower is in without the knowledge of the occurrence of gambling borrowers, you can get right to repayment and interest requirements under the legal conditions for private lending.
 Legal Weekly: Previously,abercrombie, the usury received creditor to rely on the evil forces, showing the trend of the collection through legal means. If usury is suing the favor will be what impact
Husband coercion,ポロ, Zhang accountable owed 800,000 yuan loan-sharking (According to incomplete statistics, the actual $ 1.7 million). The angry husband for the first time beat his wife. And in this day, Zhang select away from home. Flee with her "sister" Tang Dynasty "and Humou.
Brand transport has never been good Zhang,air jordan pas cher, gradually powerless in the reminder of the lenders account. Zhang has been to conceal their loved ones more, did not dare open and honest exchange and their families, for which she began more crazy gambling and borrowing, "sharks are often wandering around the periphery in casino gamblers opening to easily find another bet Acts guarantee, sign a promissory note on the loans. "
Usury itself from the legal protection
Ordinary: should continue to adhere to crack down on triad, increase the crackdown of the gambling process associated with non-normal "folk lending behavior; political and legal departments of public security, procuratorate and the courts to establish a Joint system caused due to usury illegal detention , extortion and trouble in criminal cases and severely punish, deter other usurers.
Legal Weekly: What do you think the individual lawyers for usury playing the "hard case" phenomenon
Away from home
I actually gambling money lost less than $ 1.3 million, more than 170 million used to repay the loan sharks interest. Been fantasy lucky at gambling to a big close hand ... deeper and deeper in the vicious cycle of usury.
, Usury is definitely not your gambling pull this straw, but you push the black hand of an abyss.
's 12-year-old son, Huang Yong (a pseudonym), my mother is a beautiful talented woman, and now mom to go to other provinces to start a company,ルイヴィトン, as long as my grades,air jordan, she would come back to see me. "Zhang 2009 5 moonrise left, the face of mental growing son, Huang Ming can only lie to pairs of
"Contract Law" Article 211 stipulates: "The loan contract between natural persons, agreed to pay the interest rate on the loan shall not violate the provisions of the national limit on loan interest rate. According to the relevant provisions of the Supreme People's Court on borrowing cases People's Court ":" private lending interest rates can be appropriately higher than bank interest rates, but can not exceed similar bank lending rate four times.
Huang Ming said that he is currently 7-defendant in the lawsuit involving an amount of 960,000 yuan. 7 lawsuits, including two from the court finds Zhang owed loan sharks are not jointly debt, while the other five from the court finds that the husband and wife co-signed debt.
"Read want to let his wife cut off gambling, before repayment relatives told her to write the guarantee." Not only that, Huang Ming as to prevent his wife and then touch the usury repayment him one by one told usury company: "In the future do not lend money to Zhang, a laid-off workers no ability to repay, I will not re-tube, and can no longer pipe.
Private Lending is the lender and the borrower's contract behavior. Both lenders and borrowers if the formation of lending relationships and loan amount, and the subject of borrowing, lending period depends on the agreement of both lenders and borrowers. As long as the agreement is legal, will be protected by law. Private lending and compensation, also both lenders and borrowers agreed. The convention paid only with the prior written or oral agreement, the lender can require the borrower to pay interest when principal.
Thereafter, in order to pull this, Zhang began to access some of the upscale hotel in Changsha, in a friend's advice and under the leadership of "play big". A casual evening thousands of dollars disappeared. She has always maintained that the "loan-to-point models and then play to maybe put all the money to engage in back" may be the Unfortunately she always win lose less.
Belonging to that part of the private lending legitimacy is protected by law usury, but usury itself not protected by law. The usury income loan-to behavior by evil forces are illegal. Through legal means, naturally, need to accept the judicial review.
Legal Weekly: private lending to be protected by law and under what conditions
The greatest feeling of the son of Huang Yong, the mother does not care about his studies after every home should check his homework completion, say in his exam results, and later all turn a blind eye.
The usury prosecution case, yet to the judgment of the Court after the court heard clarify. If usury in favor of usury payment mode to use legal means to protect their own interests will be even more enhanced, usury phenomena continue to exist. Of course, assume that the problem gambling in the case of Notes Xiao violations whether included in the considerations.
Aimin Europe: as the economic man, we have a basic rational, from legal to curb loan sharking and other illegal activities, legal services in this regard would not exist. Therefore, the problem lies in how reasonable sanctions on illegal usury act, that is, the law must be strictly enforced, and the question of the bell, nowhere to hide the illegal loan shark.
The article described the obligation is not the case for couples to live together and family life, belong to the party individual unreasonable expenditure, does not belong to the scope of the common debt.
Huang Jie: a narrow private lending currencies or other securities borrowing and lending of a civil legal acts pursuant to an agreement between the citizens. Broad private lending money or securities lending between citizens and legal persons and between citizens and other organizations. In real life usually refers to private lending in the narrow sense. Private lending is an investment channels for private capital, a form of Private Finance.
The usury leave troubled
May 23, 2009. See his wife from morning to evening, restless, Huang Ming-guess the worst outcome - wife borrowing gambling. "That the world with drizzle, God seems to cry in this innocent man." Huang Ming-hard took his wife came Floats, "does not explain clearly the situation and you die, fall from the bridge." Huang Ming said he has thoroughly angry.
Huang Ming, memories, since the end of 2008,abercrombie pas cher, the wife began spare,ラルフローレン, even overnight did not return. During holidays, and even bumper year reunion dinner, she has to drag home late. It now appears that her time has been trapped, afraid to go home to the fear of usury catch home.
I advise that I have "friends", and cherish their family, as a warning, in my early gambling, away from loan sharks.
Huang refused to accept the Court of First Instance judgment, five cases have been appealed to the Intermediate People's Court of Changsha City.
Repayment in March 2009, Huang Ming daily leave work early to go home guarding his wife, Chang Hsiao-slowly resumed a normal life. A month later, Huang began to relax his wife's "supervision", "After all I have to work, it is impossible every day, so guarding her."
Huang Ming attorney Week lawyer said, gambling, Department of prohibited by law behavior, if lending to borrowers who knowingly to borrow in order to engage in gambling activities, its lending relationship in accordance with the law should not be protected. If the usury receivables lawsuit succeed, they will open up the channel the usury issued to use legal means to protect their own interests, usury phenomena continue to exist.
"10,000-word book," Zhang admitted that after the first time borrowing, in the face of the sign single, there's money, they got out of hand,jordan, "total fantasy their luck improved when a pull to wash its hands 2008, Zhang and sisters "," Tang Dynasty "(nickname) and Humou three of mutual guarantee, Hwang, and many other lenders,abercrombie, ranging from 15-35% monthly interest rate of borrowing more than 300 million, of which "Tang Dynasty" and Humou are borrowing over a hundred million of loan-sharking.
Usury from the beginning of evil forces involved in the lending collection, is a dangerous signal to appear in recent years through legal means to attempt to rely on a lawsuit in favor of receivables. What kind of private lending are protected by law How to identify the joint debts of husband and wife Newspaper invited Xiangtan University School of Law professor, Ph.D. loving Europe, Hunan Province, the Law Society of Legal Studies Association, Hunan Normal University School of Law Professor Huang Jie, a senior lawyer Chen ordinary legal experts and well-known law interpretation of the usury issue many doubts.
Learn to. Huang Ming regret endless overlooked this eternal unchanging truth.
Obsessed with gambling
Legal experts detailed interpretation of usury
$ 1.4 million for an ordinary public officials is undoubtedly an "astronomical". Huang Mingsi like, and after a discussion of the Zhang brothers and sisters, decided to ruin his wife over a new leaf. Huang Ming sold his house and home, all the valuable objects, with his son moved back to the old house of the parents, plus the the Zhang the siblings Coushang money totaling 900,000 yuan, "and through the negotiation and usury companies one by one, the final 900 000 The cash settlement of 1.4 million of loan-sharking. "
Huang Yong grew up, he gradually became aware of her mother out of the situation. "Especially in recent months, his son become depressed reticent up, often a person in a room is a half-day." Huang Ming felt his son change, in response to a loan shark, apart from the addition of a concern. Huang Ming-wife whereabouts have been unknown. Just learned from his wife side relatives mouth, his wife,abercrombie france, overwhelmed in the field, once suicide was honored to be a friend timely treatment and attempted.
Europe Aimin: husband and wife co-signed debt is to meet the needs of couples living together for a negative debt. The joint debts of husband and wife need couples living together, as well as the management of common property, use, revenue and disposition arising from debt.
"Legal Weekly: couples party, in the case of the other party without the knowledge of a large amount of borrowing for the debt gambling, whether they are husband and wife co-signed debt
Fight as one in their careers, Huang Ming had a rude awakening, his wife "wrong". "She has said he is open room in the hotel to the players out to play cards, and she is just a waiter can earn 200 yuan a day, in addition to room rate," Huang Ming regret, too much trust in his wife, should have to get to the bottom of her abnormal the performance.
"10,000-word book excerpt
The "trick play for a long time to be detected." Zhang worried that finally happened in early March 2009, the the usury company find the door.
Months of gambling career, Zhang, debt, poker buddies, "Yuan sister introduced her to the" release point "interest earned on the company boss Hwang. Zhang clearly remember the first time by Hwang usury in the coffee shop around the Station Road, agreed interest rate of 15% monthly interest rate by 50 thousand yuan, 7500 yuan less a month interest on the spot, and actually get our hands is 4.25 million.
Initially, their harassment of usury. Zhang fled nearly two years, during holidays yellow phone will receive strange messages, inquiries, but also a threat. Did not see Zhang, Huang Ming does not wish to repay the loan sharks in the wife owed, individual lenders are increasingly radical, "this year's New Year's Day, the door was affixed a note of intimidation."
Huang Ming unexpected, his wife and did not fully account for their arrears, in fact, there are tens of million of usury did not repay. Began in April 2009, the wife to take advantage of Huang Ming preparedness, again by loan sharks to gamble. "I just want the last bet one, the remaining usury, and the family a chance to not pay my debts." Zhang starting point may be good, and once again broke through the bottom line of her self-discipline,abercrombie france, and fell more the terrible abyss.
Zhang recalled in the "10,000-word book, the true sense of the gambling in early 2008, under the leadership of the" sisters "to play online baccarat", a few months lost more than 20 million.
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