Many borrowers are worried about whether the new regulations will be effective for credit cards, bank loans, loans from consumer finance companies and small loan companies.
The scope of the new regulations is clear. Just? Private lending? , excluding licensed financial institutions such as banks and consumer finance companies, but in the actual implementation process, the court will still make judgments on relevant loan disputes according to the new standards.
1. In terms of actual laws and regulations, the title has been made clear, and the new regulations are only for private lending.
In China's economy, the financial behavior of financial institutions and private lending have always been managed separately, and financial institutions are mainly composed of? The first line of the two sessions? Management, mainly the People's Bank of China and the China Banking Regulatory Commission, regulate the main body of financial institutions and market behavior, and the interest rate standard of loans is also based on the standard published by the People's Bank of China.
Private lending disputes are finally decided by the people's court, so the relevant interest rate ceiling standards are also in line with the Supreme People's Court's regulations: from 4 times the bank loan interest rate to 24% and 36%? Two lines, three districts? Then to the last four LPRs, the basic idea is also to refer to the bank loan interest rate in the same period as the benchmark.
The "new regulations" are revised on the basis of the original "Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases". This regulation was first promulgated in June 20 15, and the first article clearly stipulated the scope of the regulation:
Rule number one The term "private lending" as mentioned in these Provisions refers to the financing behavior between natural persons, legal persons and other organizations and between them.
These provisions shall not apply to financial institutions and their branches engaged in loan business established with the approval of the financial supervision department, as well as disputes arising from loans and other related financial businesses. Subsequent revisions based on this version have not changed the scope of application of the regulations. ?
2. In the process of enforcement by courts at all levels, the loan judgment standards of financial institutions will also refer to the upper limit of judicial protection of private lending interest rates.
2 cases to illustrate:
On August 25th, Shanghai Banking Dispute Mediation Center asked the borrower to repay the loan to BOC Consumer Finance Company at the annual interest rate of 20.88% (daily interest rate of 0.057%) as agreed in the contract.
It can be seen from the above cases that financial institutions still adhere to the provisions of laws and regulations, and financial institutions are not affected by the adjustment of laws and regulations on private lending interest rates.
After the new regulations came out, Wenzhou ouhai district People's Court rejected Ping An Bank's claim to charge the borrower Hong with interest, default interest and compound interest at an annualized interest rate of 24%, and sentenced him to four times.
As can be seen from the above cases, after the new regulations came out, the Wenzhou court adjusted the implementation standards of bank loans accordingly.
In addition, you can find judgments about credit card liquidated damages and interest by random search on the judgment document network. Basically, the standard of annualized 24% is used as the upper limit for cardholders to pay, that is, referring to the relevant provisions in "Several Opinions on Further Strengthening Financial Trial Work" issued by the Supreme People's Court on 20 17:
Strictly regulate usury according to law and effectively reduce the financing cost of the real economy. The borrower of a financial loan contract, on the grounds that the expenses such as interest, compound interest, penalty interest and liquidated damages claimed by the lender at the same time are too high and obviously deviate from the actual losses, requests to reduce the total amount exceeding the annual interest rate by 24%, which should be supported to effectively reduce the financing cost of the real economy.
The 24% standard here is obviously private lending in the same period? Two lines, three districts? The standard in. What is the basis? The loan interest rate of financial institutions should not be higher than that of private lending, right? This line of thinking can also clearly judge that the relevant judgment of the court on the loan interest rate dispute of financial institutions will soon be fully adjusted to the standards of the new regulations.