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Is it legal for banks to withhold pension subsidies for rural elderly to compensate their children and grandchildren for their debts?
Bank deduction is definitely illegal.

First, the old-age subsidy is a policy subsidy that the party and the government care about the rural elderly. Its characteristic is that the target is particularly non-market-oriented and the grassroots government enforces it. The so-called "special target" means that only rural elderly people who reach a certain age can enjoy this subsidy. The so-called "regardless of market transactions" means that this subsidy does not require the elderly to pay in advance, and the government subsidizes these elderly people in one direction.

The so-called "grass-roots governments and organizations must implement people's coercion" means that the care of the party and the government for the elderly in rural areas must be truly implemented to specific people. According to the provisions of the relevant ministries and commissions of the State Council, the Central Commission for Discipline Inspection and the local commission for discipline inspection, after being publicly examined and approved by the grassroots people's government and relevant organizations, the district and county finance will directly include the subsidy funds into the passbook and deposit slip of each elderly person, and corruption, misappropriation and arbitrary deduction are strictly prohibited. Offenders will be prosecuted, and it is definitely illegal to arbitrarily deduct the old-age subsidies for the elderly in rural areas. Perhaps the bank will say, "the children and grandchildren of the old people owe money to the bank, that is, the old people owe money and naturally have to pay their debts."

In my opinion, this statement and practice of banks is illegal and unreasonable. Because, according to the provisions of China's Civil Law, a citizen who has reached the age of 18 is a person with full capacity for civil conduct, and has the right to independently participate in various civil acts, that is, the so-called "adults", such as borrowing from others and lending to banks, and at the same time has the legal obligation to independently bear civil liability. The "money borrowed from the bank by the children and grandchildren of the elderly" mentioned in this case have long been the legal subjects of "adults who independently exercise civil rights and bear civil responsibilities". Since banks lend money to their children and grandchildren, of course, they can only pay it back according to law. Why do they want to deduct the subsidy for the elderly?

Some people may say, "As the saying goes, a son inherits his father's business!" I said: Wrong. The principle stipulated by our country's laws is that everyone with full capacity for civil conduct independently exercises rights and bears civil liabilities. There is only one exception, that is, if a limited liability person under the age of 18 or a person without civil liability under the age of 8 causes damage to the interests of the state, society and others in foreign exchanges, his "guardian shall bear the responsibility". Excuse me: Was the old man's son under the age of 18 when he borrowed money in this case? Therefore, it is illegal and unreasonable for banks to deduct subsidies for the elderly.

Second, there are exceptions. For example, an old man's children and grandchildren went to the bank for a loan, and the bank asked them to disclose the loan guarantor. The old man really volunteered to provide guarantees for his children and grandchildren. For example, "the old man personally took his children and grandchildren to the bank, accepted the bank's guarantee ability audit and recorded the whole process, fully understood that the children and grandchildren had to borrow money from the bank, fully understood the legal consequences of providing loan guarantee, and personally signed a loan guarantee contract." At this time, the old man has become the legal "loan guarantor" for children and grandchildren to borrow money. According to China's "Guarantee Law", the elderly have legal responsibilities and obligations, that is, their children and grandchildren cannot repay their due loans to the bank. Excuse me: Is the old man in this case a "guarantor" for children and grandchildren to borrow money?