Virtual currency for debt repayment

1. In my opinion, many people today will lay an impermeable thing under the bottom of the fish pond. I don't know what it is. It looks like canvas or plastic cloth. We can learn from it.

2.

It does not count as foreign debt

Foreign debt refers to a country's debt to foreign countries. According to the definition of the International Monetary Fund and the world bank, foreign debt is "including all the liabilities of non local residents in foreign currency or local currency"

the net external debt is equal to the total external debt of a country, minus all the creditor's rights (i.e. overseas assets) of its residents to non residents. The total and net foreign debts reflect the foreign debts accumulated in the past years, that is, the stock of foreign debts; The capital account of balance of payments reflects the increase and decrease of foreign debt, that is, the flow of foreign debt

(1) Bank of China, China International Trust and Investment Corporation and financial institutions approved by the State Administration of foreign exchange, which are engaged in overseas foreign currency borrowing, can borrow money or issue bonds. Any other enterprise or company that intends to borrow money from abroad must report to its competent department or the people's Government of the province, autonomous region or municipality directly under the central government for approval one by one. Government organs and institutions shall not directly borrow money from abroad

(2) the self loan and self repayment of foreign loans by financial institutions should be carried out within the scope of the credit investment plan approved by the people's Bank of China

(3) short term overseas loans (commercial loans within one year) of coastal provinces, autonomous regions and municipalities directly under the central government should be fully managed. Within the approved loan limit, self borrowing and self repayment do not need to be submitted for approval one by one, and can be re borrowed as needed after repayment, as long as it does not exceed the approved amount. You can borrow more and use more as soon as you return it

(4) foreign loans can only be guaranteed by Bank of China, China International Trust and Investment Corporation and financial institutions approved by the State Administration of foreign exchange, and the foreign guarantee of instrial and commercial enterprises must be approved one by one

3. RMB appreciation is expected to increase foreign debt borrowing; Devaluation, there will be early repayment. If the foreign debt is RMB, there is no relevant problem<

foreign debt generally refers to the debt that a country owes to other countries
for example, China's foreign debt refers to the debt of other countries before our country

the repayment method of foreign debt is not certain. Generally, what currency is used when borrowing, and what currency is used when returning
of course, both parties can also agree to use other ways to repay, such as in kind repayment, for example, I lend you $100, and you pay me $100 worth of oil when it matures
borrowing between countries generally does not use non internationalized currencies, for example, Pakistan borrows money from China and does not use Renminbi denominated because it can no longer buy things outside the Chinese mainland. Such debt is not valuable to the debtor country (Pakistan), so he must borrow money (such as US dollars) that can buy goods anywhere. When you borrow it, you have to pay it back in dollars, of course. However, if the other party does not have enough U.S. dollars to repay when it is e, through international agreements, it can take the mineral resources of the local country, or other assets or interests that can obtain benefits to repay (such as the right to use the port, etc.)

the impact of RMB appreciation: we owe money to others. If RMB appreciation, we will take advantage of it when we still have time. We borrowed 100 US dollars from Germany. At that time, the 100 US dollars was equivalent to 1000 RMB (exchange rate 1:10). Now the RMB has appreciated (1:5, for example). At this time, when we pay back the money, we still pay back 100 US dollars (regardless of the interest, in fact, the same result is also considered). But this is the last 100 US dollars can only buy 500 RMB goods, At that time, when we borrowed money, the 100 US dollars could buy goods worth 1000 RMB, so we took advantage of the appreciation of our own currency< On the other hand, if we lend money to other countries, we will lose money when our currency rises

therefore, we have now purchased a large number of US Treasury bonds and bonds, which is equivalent to that the United States owes us money. If the RMB appreciates against the US dollar, the US dollar debt owed to us by the United States will depreciate, and we will suffer losses.

4. Only international currencies, such as euro, US dollar and pound sterling, can be used to repay international trade ~ ~ ~ RMB is not an international currency, so it cannot be used to repay debt

you can look at the book international trade theory and practice, which explains more about the basic knowledge of trade. As for bills of exchange, these are related to international settlement. You can look at international settlement, which has detailed introction and operation of almost all international trade methods

for example, a bill of exchange is issued by the drawer, and the drawee is entrusted to unconditionally pay a certain amount of bill to the payee or the holder at sight or on a specified date or a date that can be determined in the future. A promissory note is a note issued by the drawer, which promises to pay a certain amount to the payee or the holder unconditionally at sight or on a specified date or in the future

the difference between the two is that the former entrusts a third party to pay, while the latter promises to pay by itself

I learned all this knowledge from that book when I was in college. You can go and have a look. Buy one. It's still useful for long-term study, and it's also helpful for the operation of specific business~~~

5. It depends on how the loan agreement is agreed. If there is no agreement, it is estimated that the borrower will not let you pick up the exchange rate difference.

6. Gambling is illegal and its debt is not protected by law. But if the other party sues, the court will accept it. As long as you explain the facts clearly, it is difficult for the other party to get the support of the court.

7. 1. If you sign an automatic repayment agreement and choose to entrust the bank to purchase foreign exchange automatically for repayment, the bank will automatically dect the corresponding amount from the repayment card on the last repayment day of each month to repay the US dollar debt
2. After signing the self-service repayment agreement, you can use telephone banking and online banking to repay the US dollar debt
3. You can also open the function of "automatic purchase of foreign exchange on the billing day" through online banking. From the next billing day after opening, the arrears in US dollars will be automatically converted into arrears in RMB on the billing day
4. If there is RMB excess payment in the card, you can also use the "RMB excess payment foreign exchange purchase repayment function" of online banking to repay the arrears of the US dollar account in the card.

8.

Composition

the object of the crime of fraud is public or private property or property interests. The so-called object should be the interests worth 10000 yuan. In other words, the use of fake game currency causes at least 10000 yuan of interest loss to the game hall

constitution of crime:

(1) the object of this crime is the ownership of public and private property. Although some criminal activities also use some deceptive means and even pursue some illegal economic interests, the object of infringement is not or is not limited to the ownership of public and private property. Therefore, it does not constitute a crime of fraud. For example, abcting and trafficking in women and children is a crime of violation of personal rights

the object of the crime of fraud is limited to the property of the state, the collective or the indivial, not to defraud other illegal interests. It should also exclude loans from financial institutions. This law has specially stipulated the crime of loan fraud in Article 193

(2) the objective element of this crime is to defraud a large amount of public and private property by fraud. Firstly, the perpetrator committed fraud, which includes two types in form: one is to make up the facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into the wrong understanding

the content of fraud is that under specific circumstances, the victim will have a wrong understanding and make the disposition of property that the perpetrator wants. Therefore, whether it is to make up or conceal the past facts, or the present facts and future facts, as long as it has the above content, it is a kind of fraud

if the content of fraud does not make them dispose of their property, it is not the fraud of fraud. Fraud must reach the level that ordinary people can have a wrong understanding and exaggerate the goods they sell. It is not fraud that does not exceed the scope of social tolerance. There are no restrictions on the means and methods of fraud, which can be either verbal fraud or action fraud

fraud itself can be either an act or a omission, that is, it has the obligation to inform a certain fact, but if it fails to perform this obligation, the other party will fall into a wrong understanding or continue to fall into a wrong understanding. It is also a fraud that the actor obtains property by using this understanding. According to the provisions of article 300 of this law, those who organize or use sects or heretical organizations or use superstition to defraud property shall be punished as the crime of fraud

The other party's misunderstanding is caused by the actor's fraud; Even if the other party has some mistakes in judgment, it does not hinder the establishment of fraud

between the fraud and the other party's disposition of property, we must mediate the other party's misunderstanding; If the other party does not dispose of the property because of the wrong understanding of the fraud, it will not constitute the crime of fraud. The other party of fraud only requires the person who has the authority or status to dispose of the property, not necessarily the owner or possessor of the property

the behavior that the actor provides false statement and false evidence by means of civil litigation to make the court make a judgment in favor of him, so as to obtain property is called litigation fraud, which establishes the crime of fraud

the establishment of fraud requires the victim to dispose of property after falling into a wrong understanding, which includes disposition behavior and disposition consciousness. The purpose of making such a request is to distinguish fraud from theft

disposition of property is manifested as direct delivery of property, or commitment to the actor to obtain property, or commitment to transfer property interests. If the perpetrator commits fraud and causes others to give up the property, and the perpetrator picks up the property, he should also be punished as the crime of fraud. However, the act of putting a piece of metal similar to a coin into a vending machine to obtain the goods in the vending machine does not constitute a crime of fraud, but only a crime of theft

after the victim disposes of the property, the perpetrator obtains the property, thus causing damage to the victim's property. According to the provisions of this article, it is a crime to defraud a large amount of public or private property. According to the relevant judicial interpretation, the amount of fraud is relatively large, with 2000 yuan as the starting point. But this does not mean that attempted fraud does not constitute a crime. Those who attempt to defraud, if the circumstances are serious, shall also be convicted and punished according to law. What needs to be studied is whether the perpetrator is guilty of fraud when he swindles property by using fraud method, but at the same time pays a considerable value of goods? Some people think that the damage caused by the crime of fraud refers to the rection of the victim's overall property, so the above behavior does not constitute the crime of fraud; Some people think that it is the loss of indivial property of the victim, so the above behavior is still a crime of fraud; Others think that the crime of fraud is a violation of honesty and does not require property damage

The crime of fraud is a crime against indivial property, not against the whole property. The victim spent 30000 yuan to buy 30000 yuan of goods because of fraud. Although the whole property is not damaged, from the perspective of indivial property, if there is no fraud of the perpetrator, the victim will not spend 30000 yuan to buy the goods, and spending 30000 yuan is the damage of indivial property

therefore, the use of fraud means to make others fall into the wrong understanding to defraud property, even if the payment of a considerable value of goods, should also be recognized as fraud

The crime of fraud is not limited to swindling tangible objects, but also includes swindling intangible objects and property interests. According to the relevant provisions of article 2l0 of this law, anyone who uses deception to defraud special VAT invoices or even other invoices that can be used to defraud tax refund or tax dection shall be guilty of fraud

The subject of this crime is a general subject, and any natural person who reaches the age of legal criminal responsibility and has the ability of criminal responsibility can constitute this crime

(4) subjective elements this crime is characterized by direct intention and the purpose of illegal possession of public and private property

extended information:

the boundary between crime and non crime

and the boundary between borrowing and lending behavior

for some reason, if the borrower is in arrears for a long time, or fabricates a lie or conceals the truth to defraud money and property, and cannot repay them when e, as long as there is no purpose of illegal possession, no extravagance, no default, and no longer fraud, It is really intended to repay; There are also those who forge repayment receipt after making IOU and falsely claim to have made repayment, which is still a loan dispute and does not constitute fraud

and the limit of debt evasion e to loss

if it is really a fund-raising business enterprise, but it is still a property debt dispute because of poor management, loss of debt and going out to avoid debt. This is essentially different from the fact that fraudsters run away in the name of raising funds to run enterprises, and then escape to realize their illegal possession

and the crime of fraud

both use deception, the latter may also obtain property interests, which are the same; However, the subjective purpose, the means of crime, the amount of property and the object of infringement are different

the crime of swindling is to swindle all kinds of illegal interests, pretend to be state functionaries and conct swindling activities. It is an act that damages the prestige of state organs, public interests or the legitimate rights and interests of citizens. What it swindles includes not only property (but also work, position, status, honor, etc.), It belongs to the crime of disrupting social management order

when a criminal pretends to be a state functionary to defraud public or private property, it violates property rights and damages the prestige and normal activities of state organs. It belongs to implicated crime, and should be convicted and severely punished according to the main object and harmfulness of the act

if the amount of money defrauded is small, but it seriously damages the prestige of state organs, it should be punished as the crime of fraud; On the contrary, it is defined as the crime of fraud. If it seriously infringes on two kinds of objects, it is generally treated as the crime of fraud according to the principle of one felony; If two kinds of crimes are committed separately and independently, and they are not involved in each other, they should be dealt with according to the principle of combined punishment for several crimes

9. Foreign debt generally refers to the debt that a country owes to other countries. For example, the foreign debt of China refers to the debt of other countries before China. The repayment method of foreign debt is not certain. Generally speaking, what currency is used when borrowing, and what currency is also used when borrowing
of course, both parties can also agree to use other ways to repay, such as in kind repayment, for example, I lend you $100, and you pay me $100 worth of oil when it matures
borrowing between countries generally does not use non internationalized currencies, for example, Pakistan borrows money from China and does not use Renminbi denominated because it can no longer buy things outside the Chinese mainland. Such debt is not valuable to the debtor country (Pakistan), so he must borrow money (such as US dollars) that can buy goods anywhere. When you borrow it, you have to pay it back in dollars, of course. However, if the other party does not have enough U.S. dollars to repay when it is e, through international agreements, it can take the mineral resources of the local country, or other assets or interests that can obtain benefits to repay (such as the right to use the port, etc.)

the impact of RMB appreciation: we owe money to others. If RMB appreciation, we will take advantage of it when we still have time. We borrowed 100 US dollars from Germany. At that time, the 100 US dollars was equivalent to 1000 RMB (exchange rate 1:10). Now the RMB has appreciated (1:5, for example). At this time, when we pay back the money, we still pay back 100 US dollars (regardless of the interest, in fact, the same result is also considered). But this is the last 100 US dollars can only buy 500 RMB goods, At that time, when we borrowed money, the 100 US dollars could buy goods worth 1000 RMB, so we took advantage of the appreciation of our own currency< On the other hand, if we lend money to other countries, we will lose money when our currency rises

therefore, we have now purchased a large number of US Treasury bonds and corporate bonds, which is equivalent to that the United States owes us money. If the RMB appreciates against the US dollar, the US dollar debt owed to us will depreciate, and we will suffer losses

10. Is usury protected by law?

if money is involved in illegal fund-raising, it will not come back. On the morning of September 7, the first Central People's court held a press conference to interpret the law that was implemented on September 1, 2015. In the new regulation, the red line between the interest rate and the interest rate of private lending is redrawn with the annual interest rate of 24% and 36%. At the same time, the borrowing involves criminal cases, and creditors still have ways to protect their rights. Next, the editor will introce it in detail in this article<

focus 1: private lending is divided into two red lines and three intervals

the annual interest rate does not exceed 24%; Judicial protection zone;, More than 36% of them belong to the family; Invalid area; No protection<

yesterday morning, the first private lending dispute case concluded after the implementation of the new judicial interpretation of private lending was heard in the first Central People's court, involving the scope of interest protection standards. In 2011, Mr. and Mrs. Shi borrowed 80000 yuan from Mr. Wang, and the annual interest rate agreed by both parties was 24%. After the court of first instance decided the debtor to repay the loan, the debtor thought that the interest agreement was too high and appealed. The court of second instance upheld the judgment of first instance and approved the rationality of annual interest rate of 24%<

is the annual interest rate of 24% usury or not? Why does the court recognize the rationality of this annual interest rate

the first Central People's Court issued the research results in 2013, saying that usury is common in private lending cases, and the means and forms are various. According to the survey data, the annual interest rate agreed in such cases ranges from 12% to 36%, and even a high interest rate of 120%. At the same time, the proportion of overe interest rate and liquidated damages required by the lender also increases year by year. However, in the previous judicial practice, the court took the advantage of the law; Four times the interest rate of similar loans of banks; As the scope of protection, if the borrower claims to return the high interest that has been paid, the court will not support it

according to the new judicial interpretation, there are new provisions:; The people's court shall support the lender's request for the borrower to pay the interest at the agreed interest rate if the agreed interest rate of both parties does not exceed 24% of the annual interest rate. The interest rate agreed by both parties exceeds 36% of the annual interest rate, and the interest agreement for the excess part is invalid. The people's court shall support the borrower's request for the lender to return the interest that has been paid in excess of 36% of the annual interest rate< Qian Junqing, President of the third people's Court of the first people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people's Court of the people; Judicial protection zone;, The court should protect it. Second, for the private lending interest whose annual interest rate is more than 36%, the excess part belongs to private lending; Invalid area;, The court holds that the agreement on the excess part is invalid, even if the debtor has paid it back, it can also request the creditor to return it. Third, for the part of the annual interest rate between 24% and 36% agreed by the parties, it belongs to the contract; Natural debt area;, That is to say, this part of interest is a natural debt, which can not be enforced through litigation proceres or national coercive force. If the debtor has fulfilled the obligation, the creditor may not demand the return<

how to stipulate the interest of private lending in law

how to stipulate the interest of private lending in law. In private lending, it is easy for both sides to have conflicts on the interest of private lending. What kind of legal provisions can we solve the interest disputes of private lending? The following is a detailed introction for you< First, according to the principle of good faith, if there is no agreement on the interest between the two parties in the loan contract, it has the nature of free loan to a certain extent

if the debtor repays the loan before the maturity of the loan, or if the repayment period has not been agreed, and the creditor demands repayment, the debtor repays the loan within a reasonable period of time, no interest will be paid<

Second, if there is a dispute after the two sides have agreed on the interest rate standard, the interest rate standard can be determined within the standard of no more than 4 times of the bank's similar loan interest rate

the interest of the excess part is not protected

thirdly, in interest bearing loans, the interest rate can be appropriately higher than the bank interest rate, but it should not exceed four times of the bank interest rate of similar loans, that is, usury is not allowed

it doesn't matter if it is more than 4 times. When there is a dispute at most, the court does not protect the excess part, but when there is no dispute, it can get higher income. It shows that this provision is not punitive

fourthly, it is clearly stipulated in the contract; The lender shall not include the interest in the principal to calculate compound interest, otherwise it will not be protected by law

this provision has a certain punitive nature in judicial practice. If you violate this provision, you may be judged by the court to pay interest at the loan interest rate of the same period. Then, the multiple you originally agreed could have claimed or not

fifthly, if the parties have disputes over borrowing and lending foreign currency or Taiwan dollar, and the lender requests repayment in the same currency, it may be permitted

if the borrower does not have the same currency, it can be converted into RMB according to the foreign exchange rate at the time of repayment. If the lender requests to pay interest, the interest may be calculated with reference to the foreign currency deposit interest rate of the Bank of China< According to Article 6 of the Supreme People's court, the interest rate of private lending can be appropriately higher than that of the bank, and the people's courts of all localities can grasp it according to the actual situation of the region, but the maximum interest rate shall not exceed four times of the interest rate of similar loans of the bank. Beyond this limit, the interest of the excess part shall not be protected<

recommend: how to calculate the interest of private lending

the lending between natural persons, between natural persons and legal persons or other organizations of non-financial institutions belongs to private lending. In accordance with the provisions of the reception contract is the borrower to the lender loan, e to return the loan and pay interest contract