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《中国审判》收录最高法判玖富为案例,平台系中介不担赔偿责任
Sou Hu Wang· 2025-09-30 05:08
《中国审判》是由最高人民法院主管,人民法院出版社主办的国内最具有权威性的法制期刊。通过全国 法院已生效审判案例甄选,《中国审判》2024年刊发题为《网络借贷信息中介模式法律关系的认定》的 专题报道。 根据裁判文书网上该案判决原文如下:中级法院一审裁定:王某提供的借款均通过其在银行开立的个人 存管账户直接支付给借款人(案外人),无证据证明玖富普惠设立资金池,为公司或变相为公司融资,出借 人与玖富普惠公司之间未签署任何借贷合同,不存在借贷合意,故双方之间存在的法律关系应为中介合 同关系,而非民间借贷关系。省高级法院二审裁定:王某与玖富普惠签订的《协议》载明了玖富普惠公 司为王某提供出借咨询服务或借款人推荐服务等。其能够证明玖富普惠公司仅为网络借贷信息中介服务 的提供方,并非涉案款项的借款主体。最高院再审裁定:根据查明的事实以及审查民间借贷的关键焦 点,玖富普惠公司与出借人王某之间属于中介合同关系,而非民间借贷关系,且玖富普惠公司无任何担 保承诺和意思表达,故玖富普惠公司无须承担偿还借款的责任。 针对该案件的裁定,《中国审判》从P2P监管备案登记与否不影响其法律定性;是否有借贷合意,是借 贷关系审查重点。---玖富 ...
消费者质疑网贷莫名收费 记者介入平台退费和解
Huan Qiu Wang Zi Xun· 2025-06-13 10:17
Core Viewpoint - A consumer in Chengdu, Ms. Ma, reported issues with a domestic online lending platform, including unexpected "comprehensive fees" and automatic subscription to services without her consent [1][2][12]. Group 1: Consumer Complaints - Ms. Ma began borrowing from the platform in 2021, with varying loan amounts and repayment terms, noticing annualized interest rates of 24% and 36% [2][13]. - She expressed confusion over the "comprehensive fees" included in her repayments, which amounted to 2,161.28 yuan for a loan of 7,000 yuan [4][13]. - Attempts to view her loan contract were met with redirects to a third-party risk detection page, which required additional fees to access [6][8]. Group 2: Platform Response - The platform's representative confirmed that the "comprehensive fees" were calculated based on the annualized interest rate and included "interest + guarantee service fee," totaling 9,161.28 yuan for repayment [13]. - The platform agreed to refund the "membership fees" and "third-party risk detection fees" that were charged without Ms. Ma's consent, reaching a settlement [12][14]. Group 3: Industry Practices - The incident highlights potential issues within the online lending industry, such as unclear fee structures and automatic subscription practices that may infringe on consumer rights [15][17]. - Legal experts suggest consumers should thoroughly review loan contracts and be cautious of automatic renewals for services they did not explicitly agree to [15][16][17].
1至2月社零总额增长4%,一线城市二手房价转降 | 财经日日评
吴晓波频道· 2025-03-18 00:31
Group 1: Consumer Market Performance - In January and February, the total retail sales of consumer goods reached 83,731 billion yuan, a year-on-year increase of 4%, which is 0.5% faster than the entire previous year [1] - Retail sales excluding automobiles amounted to 76,838 billion yuan, growing by 4.8% [1] - The retail sales of goods were 73,939 billion yuan, with a year-on-year growth of 3.9%, while catering revenue was 9,792 billion yuan, increasing by 4.3% [1][2] Group 2: Government Consumption Stimulus Measures - The State Council released a special action plan to boost consumption, proposing measures such as expanding income channels and stabilizing the stock market [3] - The plan emphasizes the importance of increasing residents' income and providing consumption subsidies to stimulate spending [3][4] - The plan also includes measures to improve the business environment for enterprises, which is crucial for increasing residents' wage income [3] Group 3: Real Estate Market Trends - In February, the second-hand housing prices in first-tier cities showed a slight decline, while new housing prices remained stable [5][6] - Real estate development investment in January and February was 1,072 billion yuan, a year-on-year decrease of 9.8%, but the decline was narrower than the previous year [5] - The market is experiencing a divergence, with core cities showing resilience while non-core areas may take longer to recover [6] Group 4: Company-Specific Financial Performance - CATL reported a 15% increase in net profit for 2024, despite a 9.7% decline in revenue, marking the first revenue drop in nearly a decade [7] - The sales volume of power battery systems and energy storage systems increased by 18.85% and 34.32%, respectively, although revenue from these segments declined [7][8] - The company is increasing capital expenditure to expand production and strengthen its global market share [8] Group 5: Market Dynamics in the Chip Industry - Samsung and SK Hynix joined the trend of increasing storage chip prices, with expected price hikes of around 10% or more starting in April [13][14] - The chip industry is experiencing a supply-demand mismatch due to previous overproduction and subsequent market recovery not meeting expectations [13] - The demand for storage chips is anticipated to grow with the advancement of AI and smart driving technologies, although the market remains volatile [14] Group 6: Stock Market Overview - The stock market experienced narrow fluctuations with the Shanghai Composite Index rising by 0.19% on March 17, with a total trading volume of 1.57 trillion yuan [15][16] - Market sentiment was affected by the lack of specific consumption policy details, leading to a mixed performance across various sectors [15][16] - The influx of new retail investors has changed the market dynamics, making it challenging for traditional investors to navigate [16]