Du Wanhua: The Upper Limit Of Private Lending Rates Must Be Controlled.
The loan interest rate of China's formal financial market is in a period of change. The control of the interest rate on private lending should consider not only the convenience of the supervision of the government and financial regulatory departments, but also the real needs of the borrowers as the main body of the market.
The Supreme People's court today issued the Supreme People's court's provisions on Several Issues concerning the application of the law to private lending cases. The stipulation clearly states that the interest rate agreed upon by the two sides of the loan does not exceed 24% of the annual interest rate, and the lender has the right to ask the borrower to comply with the agreed interest rate.
Interest payment
However, if the interest rate agreed between the two parties exceeds 36% of the annual interest rate, the interest that exceeds the 36% part of the annual interest rate shall be deemed invalid.
The Supreme People's court held a press conference on the 6 day to inform the Supreme People's Court about the relevant provisions of the provisions of the Supreme People's Court on Several Issues concerning the application of law to private lending cases.
Du Wanhua expressed interest rates and interest on private lending.
Interest rate regulation is the core issue of private lending. It is also one of the important contents of the Supreme People's court's regulations on the application of law to private lending cases.
In the third Plenary Session of the 18th CPC Central Committee, the party decided to reform the financial market. One of the most important aspects is the marketization of interest rates.
Du Wanhua stressed that the marketization of interest rates does not mean that interest rates are unlimited, nor does it mean disorderly interest rates.
We must control the upper limit of the interest rate of private lending.
To control the interest rate of private lending, we should consider the convenience of government and financial regulatory authorities, and consider the real demand of both sides of the market.
The loan interest rate of China's formal financial market is in a period of change.
National benchmark interest rate
The upper and lower limit of floating interest rates will be abolished in 2004, and the floating ceiling will be abolished in 2013.
In China's judicial practice, the central bank's loan benchmark interest rate is widely used as the "bank similar loan interest rate" in the referee.
Du Wanhua pointed out that with the advancement of China's interest rate marketization reform process,
Benchmark lending rate
The four fold change in judicial policy as the upper limit of interest rate protection is imperative.
How to adjust the rate ceiling of private lending and how to adopt the fixed rate ceiling standard should be answered.
No interest is agreed, or the loan between the natural persons is not known to the interest agreement. The lender has no right to advocate the borrower to pay the interest during the loan period. 2. the interest rate agreed upon by the borrower and the borrower does not exceed 24% of the annual interest rate. The lender has the right to ask the borrower to pay the interest at the agreed interest rate, but if the interest rate agreed by the borrower and the two parties exceeds 36% of the annual interest rate, the interest that exceeds 36% of the annual interest rate shall be deemed invalid. The borrower has the right to request the lenders to return the interest that has already been paid in the 36% part of the annual interest rate. 3., in advance, where the interest is deducted from the principal, the people's court shall determine the principal amount according to the amount actually borrowed, and 4., except for the other agreed terms between the borrowers and the borrowers, the borrower can repay the loan in advance, and the borrower can repay the loan in advance, and the borrower can repay the loan in advance, and the borrower can repay the loan in advance, and the interest is calculated according to the actual borrowing period. Du Wanhua also said that the provisions on interest rates and interest rates of private lending mainly include: 1.
In addition, this part also provides for overdue interest rates, voluntary interest payments and compound interest.
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