According to Article 90 of the General Principles of Civil Law of People's Republic of China (PRC), the legal loan relationship is protected by law.
According to Article 106 of the General Principles of Civil Law of People's Republic of China (PRC), citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability. ?
According to Article 108 of the General Principles of Civil Law of People's Republic of China (PRC), the debts shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. ?
Referring to Article 110 of the General Principles of the Civil Law of People's Republic of China (PRC), if a citizen or legal person who bears civil liability needs to be investigated for administrative responsibility, he shall be investigated for administrative responsibility; If the case constitutes a crime, the legal representative of a citizen or legal person shall be investigated for criminal responsibility according to law.
Referring to Article 313th of the Criminal Law of People's Republic of China (PRC), the crime of refusing to execute a judgment or written order. Refusing to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
According to Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Extended data
According to Article 84 of the General Principles of Civil Law of People's Republic of China (PRC), debt is a specific relationship of rights and obligations between the parties according to the contract or the law. The obligee is the obligee, and the obligor is the debtor. The creditor has the right to require the debtor to perform its obligations in accordance with the contract or according to law. ?
According to the provisions of Article 134 of the General Principles of the Civil Law of People's Republic of China (PRC), the ways to bear civil liability mainly include:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(six) repair, rework and replacement;
(7) Compensation for losses;
(8) Paying liquidated damages;
(9) Eliminating the influence and restoring the reputation;
(10) Apologize.
The above ways of bearing civil liability can be applied separately or in combination. In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law. ?
According to Article 224 of the Civil Procedure Law of People's Republic of China (PRC), legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
According to the provisions of Article 236 of the Civil Procedure Law of People's Republic of China (PRC), the parties concerned must perform legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) (China) Criminal Law
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law