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Legal provisions on collecting illegal acts
Article 68 of the Measures for the Supervision and Administration of Credit Card Business of Commercial Banks, the issuing bank shall collect money from the debtor himself and his guarantor, and shall not collect money from a third party unrelated to the debt, and shall not use improper means such as violence, coercion, intimidation or abuse to collect money. The collection process shall be recorded, and the recorded materials shall be kept for at least 2 years for future reference. Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
What are the precautions for collection?
Collection precautions are as follows: 1. There is an urgent need to define specific competent departments, formulate relevant laws and regulations on collection industry, further improve regulatory policies and legal systems, and make collection behaviors have laws to follow. The United States and Hong Kong, Taiwan and China have formulated special legal norms for debt collection, which are worth learning from. 2. The corresponding self-discipline convention for collection industry should be issued to conduct self-discipline and standardization in the industry. For example, you can ask the collection company to disclose its standardized business process system and complaint handling system; 3. Pay attention to the development of high-tech collection methods in time, and better balance the relationship between obtaining debtor information and protecting citizens' privacy. For example, at present, some companies use artificial intelligence and other technologies for intelligent collection, including automatic damage repair, establishing a collection model based on big data, sending voice pages by front-end robots, and bulk SMS.
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