According to the provisions of the Supreme People's Court on several issues concerning the application of law in the trial of private lending cases, the following provisions are made:
1. Article 26 If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
2. Article 29 If the borrower and the lender have an agreement on the overdue interest rate, the agreement shall be followed, but the annual interest rate shall not exceed 24%.
If the overdue interest rate is not agreed or clearly agreed, the people's court may handle it according to different circumstances:
(1) The lender claims that the borrower should pay the interest during the period of capital occupation at the annual interest rate of 6% from the date of overdue repayment, and the people's court should support it because the interest rate during the loan period has not been agreed;
(2) If the interest rate during the loan period is agreed, but the overdue interest rate is not agreed, the people's court shall support the lender to claim that the borrower shall pay the interest during the capital occupation period according to the interest rate during the loan period from the date of overdue repayment.
Extended data
Xinhuanet Beijing, March 14 (Reporter Qiu Yi, He Xinrong) "The small boss of a wedding dress shop fell into the trap of usury just because he needed 28,000 yuan a month badly. Three months later, the loan rolled from the initial 40,000 yuan to 6.5438+0.88 million yuan, and he also put his own property in. " Yang Maijun, deputy to the National People's Congress and chairman of the Shanghai Futures Exchange, said that it is necessary to learn from the legislative experience of other countries, improve the laws related to private lending, and severely crack down on usury.
Deputy Yang Maijun said that in the community he investigated, there were four or five incidents similar to the small boss of a wedding dress shop, and a set of mature fraud criminal tactics had been formed. "usury seems to have solved the urgent need, but in fact it is to quench thirst by drinking poison."
Deputy Yang Maijun pointed out that the interest rate of usury may be 10-30% per month, which translates into an annual interest rate of 120%-360%, while the annual net profit of ordinary SMEs is 10- 15%.
"The collapse of many small and medium-sized enterprises is related to usury, and some families even go bankrupt because of the heavy interest burden." A vicious incident occurs, which leads to other criminal offences. Sun Yue, deputy to the National People's Congress and secretary of the Party Committee of Wang Yang Village, nanqiao town, Fengxian District, said.
Baidu Encyclopedia-Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
NPC。 The representative of com-NPC suggested that usury under the guise of private lending should be severely cracked down.