Internship, business trip, study tour and travel … … In the busy employment season, there are such a group of "laid-back" graduates who are not in a hurry to "work after graduation" or "work first and then choose a job". Instead, when faced with a variety of career choices, they temporarily put themselves in a state of uncertainty and slowly consider their life path. This emerging phenomenon in recent years is called "slow employment".

　　Unlike passive "unemployment", "slow employment" is often active. The survey shows that in recent years, the group of "slow employment" has gradually expanded. A big data report on the graduation destination of college graduates in 2016 shows that 4.8% of college graduates in 2016 chose "slow employment", and it is expected that this proportion will further increase in 2017.

　　Why do these graduates choose "slow employment"? What should we think about "slow employment"? Let’s listen to their stories together.

　　I would rather "get a job at the wrong peak" than "get into the wrong business"

　　On the 29th day of the twelfth lunar month, the streets of Beijing are full of flavor, and the number of pedestrians on the streets is much less than usual. As usual, Lin Zhiwei came to his company early and started his day’s work "steadily".

　　A year ago, when he graduated from college for more than half a year, he was still an "unemployed vagrant", working as an intern and investigating various possible entrepreneurial projects.

　　In June 2015, after Lin Zhiwei graduated from cfau majoring in finance, he did not take the postgraduate entrance examination, take the civil service examination, submit his resume or find a job. "I yearn for a free lifestyle. But I hadn’t decided which job was more suitable for me at that time, so I’d rather be with someone else ‘ Peak employment ’ I don’t want to go into the wrong line and make myself very painful. " Lin Zhiwei said, "I’m a native of Beijing, and my family conditions are OK, so I can have a ‘ Inspection period ’ , choose your favorite job. "

　　During the "inspection period", Lin Zhiwei gave himself the goal of recognizing himself and accumulating experience for free entrepreneurship in the future. This also means that everything should start from scratch and "cross the river by feeling the stones".

　　"The so-called ‘ Slow employment ’ Seemingly relaxed, in fact, the pressure is not less than that of working classmates. " Lin Zhiwei said that the biggest pressure comes from parents. Some of his classmates were admitted to prestigious graduate schools, some to national civil servants, and some to Fortune 500 companies. Compared with others, his behavior can be regarded as "the sword is on the side." Parents see in the eye, anxious in my heart, many times to persuade Lin Zhiwei to find a formal job, live in peace.

　　"My aim at that time was to find ways ‘ Drag ’ I have been mediating with my parents because I believe that I will have results soon. " Lin Zhiwei said. Today, watching Lin Zhiwei’s career improve, parents finally understand the significance of his exploration.

　　During the "inspection period" of more than half a year, Lin Zhiwei worked in for-profit organizations, educational institutions and coffee shops. "I tried some interesting jobs, inspected the market conditions, accumulated some experience, and understood what I was suitable for. This time has not been in vain. " Lin Zhiwei said, "Entrepreneurship requires capital, talents, technology and management. Many of my current contacts and business thinking were formed at that time."

　　In December 2015, after half a year’s investigation, Lin Zhiwei co-founded an educational technology company. In the following year, his company tried technology camp, drone professional training and online technology production program & HELIP; … "Although many projects have failed, our team has also gained experience. In any case, if you want to succeed in starting a business, you always need to keep trying and cross the threshold." Lin Zhiwei said.

　　At present, companies in Lin Zhiwei are trying in the field of maker education, focusing on designing their own unmanned aerial vehicles and robot teaching products. "People should have self-knowledge, know what they are good at and what capital they have, and rely on their own advantages to make money." Lin Zhiwei said, "It’s almost two years since I graduated. If I go back in time, I will do it again. I believe my exploration has not been in vain."

　　What’s the harm of slowing down before you start?

　　Compared with Lin Zhiwei’s "calm", Kym began to try "slow employment" in anxiety, and her "inspection period" for her career was earlier. Before entering the graduation season of her senior year, she decided to take a year off from school temporarily, so that she could not face the employment choice so urgently.

　　In April, 2015, when the students around us were preparing for the postgraduate entrance examination and employment, Kym, an English major of Chongqing University, who was about to enter the senior year, decided to "Gap year" and go to Disney World Theme Park in Orlando, USA for a one-year internship.

　　Kym’s "Gap year" refers to the gap year and gap year, which was originally a popular cultural concept abroad, aiming at encouraging students to experience different lifestyles before going to work. Nowadays, this activity has become a "new fashion" among college students in China.

　　"I was a little lazy when I was in college, and I didn’t have a clear employment plan. I was a little confused at the thought of finding a job soon." Kym said that he didn’t want to fall into the situation of "boiling frogs in warm water" again. The original intention of this internship abroad was to dig deep into his interests or what his future employment direction is.

　　In Disney, the living environment is different from that of the school. Kym no longer faces teachers and classmates every day, and "has to deal with the boss and colleagues all the time", which also makes her understand in advance that the company and the school are very different. "When you are a student, your personal achievements are not ideal and will not affect others. However, if you don’t do your job well in the company, it will affect your supervisor and your colleagues. You need to pay for your mistakes."

　　Looking back at this "Gap year", Kym feels that he has gained a lot. "I am a ‘ at home. Don’t touch the spring water with your fingers ’ My only daughter, no matter how tired she is after work every day abroad, has to take care of her life. More importantly, the internship experience has had an important impact on your career choice. " Kym said, "Many English majors choose education, but I find myself more interested in company operation. Maybe I am a ‘ Alternative ’ 。”

　　"After staying abroad for a year, I really fell behind my former classmates in employment." Kym said, for example, after coming back, many students have found jobs, and they are slower than others in all aspects. "But what does it matter? Everyone’s path is their own, not compared with others, as long as they are practical and valuable. ‘ Slow ’ What’s wrong with some? "

　　"Slow employment" does not mean "no employment", so we should choose "slow employment" rationally.

　　In recent years, there are more and more "slow employment" phenomena like Lin Zhiwei and Kym. Studies show that, unlike the employment concept of "after graduation" and "before choosing a job" of the post-80s generation, the phenomenon of "slow employment" is more obvious among the new generation of employment groups of the post-90s generation, especially the post-90s generation, and many graduates are not in a hurry to find jobs.

　　Why is the "slow employment" of college graduates gradually becoming a phenomenon? Some experts believe that, on the one hand, living conditions are better now, and many fresh graduates have no financial burden and are not in a hurry to find jobs; On the other hand, the news of starting a business is overwhelming nowadays. Some college students choose to start their own businesses, do e-commerce, or go out to travel or even be unemployed first, and slowly consider and plan their careers. With the development of the Internet, opening online stores, working in Wechat business and other employment methods can not only bring rich income, but also avoid working from nine to five. More diversified occupations give this group more space.

　　Some experts also believe that "slow employment" is not so much an active choice as an objective trend brought by the current employment situation of college students. In the face of increasingly fierce job competition, some college students "find jobs at the wrong peak" to allow themselves more time to accumulate strength, or to walk around and see more about the job market, which is understandable in itself and should be a right of multiple choices. Some graduates who take the initiative to "slow down employment" may be more mature than expected in terms of employment concept. For example, they will pay more attention to whether the major is right or not and whether the salary is reasonable. If they can’t find a suitable job at the moment, they would rather wait and see. After all, the cost of "entering the wrong line" may be great. Compared with the employment mentality of "all vegetables are found in the basket", this is actually a mature and rational performance.

　　Yan Tianhe, deputy director of the Employment Guidance Center of China Youth University for Politics, believes that the most important thing to look at the phenomenon of "slow employment" is to distinguish it from the phenomenon of "no employment".

　　“‘ Slow employment ’ Not ‘ No employment ’ Its starting point and foothold is the individualized development of graduates, and it is a kind of employment mentality that does not follow the crowd and blindly follows. At present, there are indeed two serious misunderstandings in the employment of college graduates. First, they blindly follow the trend, follow the crowd, take postgraduate entrance examinations, go abroad or take the civil service examination; Second, fear of employment, lack of basic development planning, and escape employment by all feasible means. ‘ Slow employment ’ It has avoided the first misunderstanding well, but it cannot fall into the second misunderstanding. " Yan Tianhe said.

　　"From the perspective of employment guidance in colleges and universities, I think we should strengthen individualized employment guidance and career planning education, and at the same time cultivate students’ self-cognition, self-planning and social cognition, so as to promote graduates to combine their interests and abilities with social needs more scientifically." Yan Tianhe said that it is only a matter of time before "quick employment" and "slow employment".

　　(Gong Yanbo and Song Liangyuan participated in the writing)

　

　　After the press conference, Chen Conghui, the leader of the 4th Expedition Team of Haidian District Court (Litigation Service Center), was interviewed by the reporter. Kang Dacheng

　　In recent years, loan chaos such as "beheading interest", "routine loan" and deliberately concealing the real interest rate have emerged one after another. How to identify the joint debt of husband and wife in credit consumer loan disputes? Should the handling fee deducted in advance by the lender be included in the principal amount? How can the people’s courts play the role of trial function and realize accurate and effective prevention and control of the source of financial risks? Recently, the Haidian District People’s Court of Beijing issued a typical case of financial disputes over credit consumer loans, which clarified these issues.

　　Joint debts of husband and wife require proof from creditors.

　　On August 18, 2017, Chen Mou (the borrower) signed a Maximum Creditor’s Rights Contract with a bank (the lender), stipulating that the bank intends to provide Chen Mou with a credit line with a maximum creditor’s rights of 300,000 yuan continuously during the five-year credit period, which will be used for personal consumption loans in Chen Mou, and the loan purpose is limited to the borrower himself and family consumption such as decoration, car purchase and marriage.

　　After the signing of the contract, from August to September, 2018, Chen Mou applied to the bank for a loan of 299,900 yuan, and after the approval of the bank, it paid the corresponding amount to the designated account in Chen Mou. After Chen Mou failed to repay the loan as agreed, as of July 22, 2021, the loan principal was still 299,900 yuan, and the corresponding interest, default interest and compound interest were still owed.

　　In the lawsuit, the bank claimed that the loan under the above-mentioned Maximum Creditor’s Rights Contract was used for husband and wife to live together, and the corresponding debt should be the joint debt of Chen Mou and Sun. In this regard, Sun did not recognize it. Sun argued that he and Chen Mou registered their marriage in November 2010 and agreed to divorce in February 2019. Although the above debts occurred during the existence of the husband-wife relationship, he did not sign the loan contract and did not know the corresponding loan situation; Chen Mou’s loans are used to repay his personal debts, but not for family life together. Therefore, the disputed debts are not joint debts of husband and wife. Upon verification, after receiving the above loan, Chen Mou successively transferred the money to himself or the fund management company outside the case, but did not transfer it to Sun’s name.

　　The court held that Chen Mou should bear the corresponding liability for breach of contract. However, the Maximum Creditor’s Rights Contract was signed by Chen Mou personally, and the disputed loan was also applied by Chen Mou personally, and was distributed to the designated account in Chen Mou. The corresponding creditor’s rights certificate was not signed and recognized by Sun, and Sun personally did not issue any written commitment to confirm that the corresponding debt belonged to the joint debt of husband and wife. In addition, although the Maximum Creditor’s Rights Contract states that the corresponding loan uses include household consumption, it cannot be determined that the litigation money is actually used for the daily life or joint production and operation of Chen Mou and Sun. Therefore, the evidence submitted by the bank is not enough to prove that the debt belongs to the joint debt of husband and wife.

　　In the end, the court ruled that Chen Mou repaid the principal of the bank loan and the corresponding interest, penalty interest and compound interest, and rejected the bank’s claim that Sun should bear the joint repayment responsibility.

　　The judge said that during the marriage relationship, the debts incurred by a husband and wife with a third party, such as a financial institution, in their own name, due to acts such as large loans, are not necessarily joint debts of husband and wife. Article 1064 of the Civil Code provides for this situation, that is, the debts incurred by the husband and wife who jointly sign or one of them ratifies their common intention afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for husband and wife’s common life, joint production and operation, or based on the common will of both husband and wife.

　　The judge said that in judicial practice, if a financial institution can’t prove that the husband and wife have a joint debt or the corresponding debt is actually used for the husband and wife’s common life and joint production and operation, it should bear the adverse consequences as a creditor. The Civil Code makes financial institutions and other creditors bear the corresponding burden of proof, which forces financial institutions to fulfill their more prudent duty of care in the loan review stage, and requires borrowers’ spouses to jointly sign loan contracts and issue joint repayment commitments in accordance with the above provisions, so as to avoid damaging the legitimate rights and interests of the non-debt spouse.

　　Do not charge "beheading interest" in advance.

　　On March 29, 2018, Bai (the borrower) signed a Loan Contract with a microfinance company (the lender) and applied for a loan of 40,000 yuan from a microfinance company. The two parties agreed in the contract that if Bai can’t repay the loan on time due to special reasons, he can only delay the repayment after applying to the company and obtaining the consent, and at the same time, he must pay the company a daily handling fee of 0.0767% according to the time of application delay and the contract loan amount; If Bai applied for delayed repayment on or before the loan start date, Bai agreed that the company would directly deduct the fee from the loan amount when issuing the loan.

　　The first repayment date was originally scheduled for April 30, 2018, and was extended to May 6, 2018 after negotiation, with a total extension of 6 days. On the same day, Bai signed an iou for the above loan, agreeing that the company directly deducted the delayed repayment fee of 184 yuan. The next day, the company transferred 39,816 yuan to Bai’s designated account.

　　Later, due to Bai’s failure to repay the principal and interest according to the contract, the company sued Bai to the court, and made it clear that the loan principal amount was confirmed by the actual transfer amount of 39,816 yuan to Bai, and the corresponding interest was calculated based on the actual repayment situation.

　　After trial, the court held that Bai should bear the corresponding liability for breach of contract, but there was no legal basis for the company to deduct the deferred repayment fee from the principal in advance, so it should determine the loan principal amount and calculate the interest according to the actual transfer. In the end, the court ruled that Bai should bear the corresponding debt service responsibility according to the adjusted loan principal amount.

　　The judge said that when granting a loan to a borrower, the money that the lender first deducted from the principal was commonly known as "beheading interest". In judicial practice, in the process of developing credit consumer loans, individual financial institutions often deduct the interest charged in disguised form in the name of deferred repayment fees and service fees from the principal in advance-charge "beheading interest". This behavior actually reduces the amount of principal provided by the lender of funds, which makes the borrower’s borrowing purpose unable to be fully realized, which is unfair to the borrower, which not only harms the borrower’s interests, but also breaks through the legal interest rate red line in disguised form, so Article 600 of the Civil Code. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and the interest shall be calculated.

　　Judicature helps to resolve financial disputes in essence.

　　According to Chen Conghui, the leader of the Fourth Expedition Team of the Filing Court (Litigation Service Center) of Haidian District Court, in the past five years, Haidian District Court has accepted 23,945 financial disputes on credit consumer loans, accounting for 46.12% of all financial cases. This kind of disputes mainly presents three characteristics: a large number, rapid growth, and no obvious solution effect. First, the homogenization and batch characteristics are obvious, and most of them are disputes caused by one or several major consumer financial products of financial institutions; Second, the plaintiffs are concentrated in consumer finance companies, and the lawsuits filed by consumer finance companies are the largest, accounting for 82.74%; Third, the judgment rate is not proportional to the execution rate. The judgment rate of cases is as high as 63.07%, but the execution rate is only 7.25%. It is difficult for financial institutions to win the case.

　　In terms of financial institutions, there are three main reasons for the frequent occurrence of financial disputes over credit consumer loans: First, a small number of financial institutions have irregular pre-lending audits, which has led to the borrower’s debt default; Second, individual financial institutions do not take the initiative to collect money by themselves and rely too much on litigation means; Third, the negotiation schemes of some financial institutions are too rigid, and the dispute resolution is ineffective.

　　In view of the above characteristics, Haidian District Court connects with financial institutions, puts the source of litigation at the forefront, actively connects with financial institutions in its jurisdiction, improves internal risk prevention and control systems such as pre-lending audit and post-lending tracking, and reduces the risk of non-performing loans from the source; Actively cooperate with industry mediation organizations, give full play to the positive role of the working mechanism of "entrusted mediation+judicial confirmation", and promote the diversified and efficient resolution of financial disputes on credit consumer loans; Carefully cultivate demonstration judgments for key cases, popularize the application of small claims procedures, strive to achieve "one judgment, one solution", and effectively improve the efficiency of financial trials; Increase the application rate of small claims procedures, supervise the automatic performance of judgment documents, promote the substantive resolution of disputes from multiple angles, levels and ways, and ensure that a financial case solves a substantive dispute. Since 2023, the number of such disputes accepted by Haidian District Court has been significantly reduced, and the effect of substantive settlement has been significantly improved. Taking a bank as an example, in 2023, the automatic performance rate of effective judgment documents in the financial disputes of credit consumer loans filed by Haidian District Court was nearly 40%.

　　In addition, in view of the typical problems in the consumer finance industry reflected in typical cases, Haidian District Court issued a proposal to financial institutions on December 6, 2023 on optimizing credit management, maintaining financial security, and deepening the governance of litigation sources, advocating financial institutions to adhere to the purpose of finance for the people, make prudent and reasonable loans, do a good job in integrity and compliance management, compact management and collection responsibilities, strengthen diversified dispute resolution mechanisms, and take practical actions to shoulder the social responsibility of finance for the people.

　　Zhou Yuanyuan, deputy to the Beijing Municipal People’s Congress, said that the Haidian District Court effectively responded to the general concerns of the society by issuing typical cases of financial disputes over credit consumer loans, and really played the role of "small cases are powerful" in popularizing the law, realizing "promoting governance by cases", reducing the legal risks brought by information asymmetry, and providing effective normative guidance for financial institutions and financial consumers. She suggested that it is necessary to increase publicity, guide financial institutions to standardize their business, prevent financial risks from the source, and reduce financial disputes.

　　Wei Yifan, a representative of Haidian District People’s Congress, spoke highly of the effectiveness of the Haidian District Court in handling financial disputes. He said that the settlement of credit consumer loan disputes is related to people’s happiness and is of great significance to standardizing financial order and stabilizing the overall situation of society. Haidian District Court adheres to and develops the "Maple Bridge Experience" in the new era, does a good job in the source management and diversified solution of financial disputes, and protects the legitimate rights and interests of various financial market entities equally with efficient and high-quality judicial services.

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