CCTV News:Mr. Wu, who lives in Guangzhou, Guangdong Province, borrowed a small loan online to solve the financial problem at home. Unexpectedly, in addition to the economic pressure brought by high interest rates, he also suffered from serious mental torture, living in harassment, curse and fear day and night.
Victim Mr. Wu: Because something happened at home, and then my salary was not in place, I went online to borrow such money. If you borrow 1000, you will get it, 900. If you pay it back, you have to pay 1200 yuan. Later, because of the situation of funds, I borrowed it again.
Originally, it was an urgent need, but then the hole became bigger and bigger, and Mr. Wu gradually began to fail to pay the loan. Unexpectedly, Mr. Wu still received frequent harassment from dunners, which seriously affected his work and life.
Mr. Wu: Send those verification codes and keep sending them. My company’s phone was also ringing off the hook, and later I lost my job because of this incident. Later, they also revised some photos, some coffin photos, and posted my parents’ photos on them.
Not only Mr. Wu, but also some victims suffered the same thing because of borrowing money.
Due to the failure to pay the loan, Mr. Lie began to be harassed by debt collection companies one after another.
Mr. Lie: He will call all the phones in the address book. Sometimes if I don’t answer the phone, he will scold you. For example, it’s boring to be a person like you. Forget it if you die. These mainly affect work, and sometimes you get calls at work, like we work at a place more than ten meters high, and you will be very irritable when you hear these calls.
There are not a few victims like Mr. Wu and Mr. Lie. Although they borrowed money on different online lending platforms, they were harassed by the same dunning company.
Regarding this dunning company, Zengcheng Branch of Guangzhou Public Security Bureau of Guangdong Province received a report in early 2019. After investigation, the police found that the dunners were all from the same building in Changping District, Beijing.
Li Changhua, deputy head of the Interpol Brigade of Zengcheng Branch of Guangzhou Public Security Bureau, Guangdong Province: This financial outsourcing company will undertake some business for collection. Divide according to a certain proportion. At present, more than a dozen software companies have entrusted them to collect money. We also looked for those software companies. The agreements they signed were all perfect. All the responsibilities of the software company can be evaded.
After investigation, it was found that this was the first case of "soft violence collection" in Guangdong Province, and it involved inter-provincial crimes. Compared with other criminal cases, the collection company in this "soft violence collection" case uses financial companies as the operating platform to collect loans, but their methods and methods in the collection process seriously infringe on the rights and interests of the victims.
Li Changhua, deputy head of the Interpol Brigade of Zengcheng Branch of Guangzhou Public Security Bureau, Guangdong Province: If the loan is not paid back for more than 60 days, it is considered as a bad online loan. They buy some "call you to death" software. Once connected, he didn’t speak, hung up, hung up and called, and kept calling for 24 hours. This is some of their common practices.
Zengcheng Branch of Guangzhou Public Security Bureau immediately set up a task force to investigate the dunning company. However, the police of the task force encountered the first problem: it is difficult to obtain evidence.
The police of the task force spent more than half a year. Among the nearly 10,000 victims involved in the case, dozens of people agreed to take notes and provide evidence to the police.
After collecting the evidence, the police found that there was still a difficulty in the investigation of the case: the dunning company used soft violence, which threatened the victim’s psychology and made the victim panic. So, how should the police convict the victim?
The Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Several Issues Concerning Handling Criminal Cases of "Soft Violence", which pointed out that "Soft Violence" refers to the behavior of people who seek illegal interests or have an illegal influence, harassing, pestering, clamoring and gathering people in relevant places, which is enough to make others feel fear and panic and then form psychological coercion, or to influence, restrict personal freedom, endanger personal property safety and so on.
On April 16, 2019, Zengcheng Branch of Guangzhou Public Security Bureau of Guangdong Province and Changping Branch of Beijing Public Security Bureau jointly arrested this debt collection company.
In this operation, the police arrested more than 400 suspects and seized a large amount of evidence at the scene.
Li Changhua, deputy head of the Criminal Police Brigade of Zengcheng Branch of Guangzhou Public Security Bureau, Guangdong Province: The judicial interpretation of soft violence has given us a tonic. This judicial guidance was issued in a timely manner. As far as I know, after we finished this case, crimes were committed all over the country, including Shenzhen.
Huang Weining, a policeman of the Criminal Police Brigade of Zengcheng Public Security Bureau, Guangzhou City, Guangdong Province: These employed people call and send text messages to collect money in the company. They think this is the company’s requirement. Even if the crime is the company’s business, it has nothing to do with themselves. They will have such a misunderstanding.
The police suggested that the debtor should first actively fulfill his obligation to repay the loan, and the creditor should also collect the debt according to the law within the scope of the law. During this period, if there is a problem, both parties should safeguard their rights through legal channels.