China's Supreme People's Procuratorate emphasized that when the procuratorial organs handle the borrowing contract dispute supervision case, they should strengthen the review and investigation and verification of loans from local financial organizations such as small loan companies, give play to the role of justice, maintain financial order in accordance with the law, and maintain financial order in accordance with the law.And financial security.
The highest inspection on Friday (July 15) released a group of guiding cases on the WeChat public account, including the protests involving a borrowing contract involving a small loan company and a real estate company.
In this case, the Real Estate Company signed a loan contract with a small loan company in 2012, and invited a certain information consulting service department to assist the real estate company to handle the loan business to make the real estate company financing successfully.
Small loan companies later sued the Real Estate Company to the People's Court of Yongchuan District, Chongqing, requesting a real estate company to repay the principal of the borrowing and the agreed borrowing period and overdue interest.The court finally judged a small loan company to win the lawsuit.
However, the procuratorial organs found that the information consulting service department was established by a small loan company involved in the case. In fact, it is "a set of people and two brands".Capital.
The procuratorate later filed a protest to the Fifth Intermediate People's Court of Chongqing, and the court eventually canceled the first trial judgment.
When explaining the guiding significance of the case, the Supreme People's Procuratorate refers to some small loan companies as non -bank financial institutions. In order to avoid supervision, the principal of the pre -deduction borrowing is adopted.Illegal means, damage the legitimate rights and interests of the borrower, and disrupt the order of the financial market.
Supreme Procuratorate said that in the supervision of the prosecutor's handling of loan contract disputes, the procuratorial organs found that a small loan company set up a related company to deduct the borrowing principal and collect high interest in disguise, and emphasized that in this case, under this circumstances, in this case, in this case, under this circumstances, in this caseThe principal of the borrowing should be determined in accordance with the actual borrowing amount and calculated in accordance with the law.
Feng Xiaoguang, a member of the Supreme Prosecutor, refers to some small loan companies to depart from effective allocation of financial resources and guide funds, especially private funds to meet the real economy, "agriculture, rural, rural, farmers), small)The original intention of financing demand for micro -enterprises and low -income people in the city, lending loans illegal and illegal, and even violating national real estate regulation measures in the form of down payment loans and business loans illegally to buyers' loans.
Feng Xiaoguang said: "This not only increases its own operating risk, but also increases social financial leverage, increases financial risks, and even endangers national financial security."
