Research On The Legal Issues Of Private Lending Rate

Since ancient times,private lending has played an irreplaceable role in China’s economic development.At present,the general situation of China’s private lending is expanding in scale and far-reaching influence.In recent years,private lending has become a focus of public concern,for example,free borrowing,relatively low transaction costs and high efficiency of borrowing capital.Therefore,a lot of civil subjects participate in it,thus attracting high attention from the society.As a kind of informal finance financing behavior,has always been our country have not introduced a special legislation on the detailed specification,that lead to both disputes increase,the rights and obligations of the lender and the borrower can not get effective guarantee,also causes legal interests apparently imbalances.And folk financial problem is at the core of folk lending interest rates,the latest legal regulation on the folk interest rate in our country,introduced in 2015 "about private lending cases provisions of applicable law in the judicial interpretation.Compared with "interpretation" in 1991,the Supreme Court in 2015 after the regulations issued to private lending interest rate cap from the "four times the rate of change for the three areas," "two line,for more than the interest rate more than 36%of the part has made the following result,namely" the law does not protect,the parties to the lender to return of unjust enrichment,the court shall support".In article 33 of the latest judicial interpretation,the biggest bright spot is supposed to be article 26 line for folk lending interest rates regulation,the author thinks that has some owe rationality,such as whether or not should be according to the different interest rate of loan use USES different division standard,the two areas will be able to apply to different regions and different environment of private lending,I think are worth further discussing.So,in this paper,under the background of the social reality,according to a 2015 the Supreme Court’s judicial interpretation provisions for the legal regulating of the folk financial rates,analyze and think about how to better regulate private lending financial interest rates.This paper is divided into four chapters.The details of each chapter are as follows:The first chapter mainly summarizes the meaning and characteristics of private lending and private lending financial interest rate.The second chapter mainly for in 2015 the Supreme Court issued "about private lending cases provisions of applicable law issues in the legal norms in the interest rate,put forward their own questions:(1)on the classification of the folk lending standards have different classification,the question of whether or not to interest rates of different classification criteria shall be drawn up.(2)whether the usury rate above the upper limit of 36%should be convicted and whether the crime of private lending and non-crime are hard to define.At present,due to the lack of special legislation,private lending has brought many outstanding problems to judicial practice.This paper cannot analyze all illegal debts one by one,so this paper mainly analyzes usury.Its typicality is that,in practice the definition of folk lending usury behavior in the known laws of regulation are scarce,vaguely defined,and hard to distinguish,need to be addressed.(3)the problem of private lending interest rate regulation in our country,the first is due to the different criteria should be divided into scope of folk lending financing rates of hierarchical rules,rather than simply by 24%and 36%two red line as the division standard;Second,the part of the regulation that exceeds the upper limit of interest rate is "not protected",but there is no concrete punishment measures,or far from enough punishment.As a result,many illegal criminals participate in it,in order to obtain high profits,taking risks to start usury business.The third chapter is the extraterritorial practice and beneficial enlightenment of the legal regulation of private lending.In this chapter are Germany,Japan,for the legal regulating of the folk lending rate is related to practical situation,and summarizes the regulation problem of folk lending laws outside of legislative experience,so as to put forward the beneficial reference to our country folk financing interest rates.The fourth chapter is the author’s improvement of the legal system of the private borrowing and financing rate in China.Mainly aimed at the aforementioned problems and made relevant solutions.It also puts forward its own ideas and solutions to China’s private financial interest rate.Finally,it is proposed to construct a legal liability system of comprehensive and multi-level financial interest rate to standardize the system of private lending.