Topless borrow illegal? Some female students do not think so-nude college students-IT information
In recent days, lending platform through the network of female college students "borrowing Bao" to "acquaintances" borrowings, were asked to handheld ID card sparked the nude photo shoot.
In short, they are staring at the female college students in the field, with nude photos and other means to usury, and holds the female relatives of the student information. Many legal experts say, "naked" the acts alleged constitute fraud, blackmail and threats, violation of personal privacy. But Beijing, reporters from the investigation found that some female students have even thought that, with "topless" the way mortgage lending is the girl of their choice, others have no right to interfere. But there are girls-only students of "naked" behavior was strange . Some of them feel that, with "nude" loan girl insane. If purely to satisfy material desires, "naked" also had a negative impact on society. As adults should be responsible for their own actions.
There are some people in the financial community also gives a similar view: If the two sides reach an agreement, and private nude photos and are involved in illegal, it can be seen as financial collateral "innovation". But there are people in the industry believe that naked followed as collateral does not belong to the innovation and civil illegal loan sharks have this kind of behavior before .
In fact this "naked credit" has seriously affected the normal life of college students. Campus phenomenon of bad loan in April of this year, the Ministry of education jointly issued by the China Banking Regulatory Commission on strengthening the campus bad debt risk prevention and education work notice requirements, increase bad loan supervision. Establish campus bad credit daily monitoring mechanisms, pay close attention to network lending business on campus to expand established campus bad borrowing real-time warning system; create campus bad loan disposal mechanism.
Lawyers for this "naked credit" offence. Shall, in accordance with the law on tort liability tort liability. In addition, the nude is not a qualified mortgage, mortgage legal relations can be established.
裸照借款不合法？有些女大学生不这么想 - 裸条,大学生 - IT资讯
近日，女大学生通过网络借贷平台“借贷宝”向“熟人”借款时，被要求手持身份证拍摄裸照一事引发热议。
简而言之，他们盯着的是外地的女大学生，用持有裸照等手段来放高利贷，并掌握着女学生的亲友信息。多位法律专家表示，“裸持”行为涉嫌构成诈骗、勒索和威胁，侵犯了个人隐私权。不过中新网记者从调查当中发现，有部分女大学生甚至认为，用“裸照”抵押的方式贷款是女生自己的选择，别人无权干涉。但也有学生对女生的“裸条”行为感到奇怪。这部分学生认为，用“裸条”方式贷款的女生不理智。如果女生单纯为了满足物质欲望，“裸条”更是对社会造成了不良影响。作为成年人应当为自己行为负责。
有部分金融业界相关人士也给出了类似的看法：如果双方达成协议，且不公开裸照和涉及违法，这可被看做是金融抵押物的“一种创新”。但也有业内人士认为，裸照用作抵押物不属于创新，以前民间违法的高利贷就有这种行为。
事实上这种“裸贷”的方式已经严重影响了大学生的正常生活。针对校园贷出现的不良现象，今年4月份，教育部联合银监会印发的《关于加强校园不良网络借贷风险防范和教育引导工作的通知》要求，加大不良网络借贷监管力度。建立校园不良网络借贷日常监测机制，密切关注网络借贷业务在校园内拓展情况；建立校园不良网络借贷实时预警机制；建立校园不良网络借贷应对处置机制。
亦有律师针对这种“裸贷”行为表示违法。应当依照《侵权责任法》承担侵权责任。此外，裸照不是适格的抵押物，抵押法律关系也不成立。