It is not illegal to recover debts. It is a legitimate exercise of creditors' rights. Debtors cannot complain to the CBRC, and even if they complain, they will not be accepted. ?

However, if threats, intimidation, violence, etc. are used to recover debts, the debtor can report to the public security organs and complain to the China Banking Regulatory Commission and the People's Bank of China. ?

Article 21 of the "Implementation Measures of the People's Bank of China for the Protection of the Rights and Interests of Financial Consumers": Financial institutions shall not collect debts from financial consumers in ways that violate laws and regulations, violate social ethics, or damage social ethics* ** interests and the legitimate rights and interests of third parties. ?

If a financial institution entrusts a third party to recover debts, it shall clearly prohibit the trustee from using the recovery methods mentioned in the preceding paragraph in the written agreement, and shall supervise the trustee's collection behavior. ?

Article 35: The People's Bank of China and its branches shall accept complaints from financial consumers within the scope of statutory responsibilities and cross-market and cross-industry financial products and services. ?

When financial consumers have financial consumption disputes with financial institutions, in principle, they should first complain to the financial institution. If the financial institution does not accept the complaint or does not handle it within a certain period of time, or the financial consumer believes that the financial institution's handling result is unreasonable, the financial consumer may file a complaint with the branch of the People's Bank of China at the place where the financial institution is domiciled, where the dispute occurs, or where the contract is signed. Organization makes a complaint. ?

If a financial consumer’s complaint includes reporting a financial institution’s violation of laws, administrative regulations, rules and other normative documents, the financial consumer may directly report to the People’s Bank of China at the place where the financial institution is domiciled in accordance with the reporting procedures. Branch reports. ?

Extended information: ?

Case: Judge reminds: Do not use illegal means to collect debts. Debt gambling is not protected by law?

The Spring Festival is for family reunion However, in some places there is a traditional custom of settling debts before the Spring Festival. Some creditors broke the law and were imprisoned because of their eagerness to collect debts. The judge of Yuexiu District Court in Guangzhou reminded that evidence such as IOUs, contracts, receipts, etc. must be kept when borrowing money. Illegal means cannot be used to collect debts. In addition, gambling debts are not protected by law. ?

Since 2011, the Yuexiu District Court has heard 18 cases of illegal detention caused by debt collection. *** 43 people have been held criminally responsible for illegal debt collection behavior that constituted illegal detention. . The main characteristics of this type of cases are: more cases occur before the Spring Festival. Of the above 18 illegal detention cases caused by debt collection, 6 occurred one month before the Spring Festival, accounting for 33.33%. This is related to the traditional folk custom of settling debts before the Spring Festival.

Judging from the causes of the cases, 9 of the 18 cases were caused by the recovery of illegal debts such as gambling debts. Illegal debts cannot be resolved through litigation procedures, and some creditors often take "special" measures. Means to collect debts. Another 9 cases were caused by the failure to realize legal claims such as loans, payments for goods, wages, etc. The cases were caused by the creditors adopting extreme debt collection methods such as tracking, intimidation, detention, and beatings. Most of the cases were difficult to file due to the lack of evidence such as IOUs, contracts, and receipts. Issues resolved through litigation proceedings. ?

The judge said that it is worth noting that in one of the cases, although there was evidence and legal action was taken, the creditor used illegal means to collect the debt because it could not be implemented after winning the lawsuit, resulting in a crime. Judging from the locations where the cases occurred, there were 12 cases, accounting for 66.66%, in which criminals detained victims in restaurant private rooms, hotel rooms, sauna center rooms and other places.

From the perspective of the direct subjects who implement debt collection activities, most of them are creditors (including "creditors" who collect illegal debts) who hire so-called "finance companies" or other social figures who specialize in debt collection activities to carry out debt collection activities. There were five cases involving hiring so-called "finance companies" to collect debts, four of which occurred in 2013. ?

The Yuexiu Court judge suggested that illegal debt collection activities should be severely cracked down on and triad-type "finance companies" should be banned. Citizens should pay attention to retaining written evidence such as IOUs, contracts, and receipts when borrowing money to collect debts legally. The judge also said that some cases arise from gambling debts generated at the gambling table, and the law does not protect debt disputes arising from gambling activities. ?

China Government Network - Implementation Measures for the Protection of Rights and Interests of Financial Consumers

People's Daily Online - Judge reminds: Do not use illegal means to collect debts. Gambling debts are not protected by law