Non-operating income of loans in 2000

I. Adjustment of loan interest rate during the contract period. The interest rate of medium and long-term RMB loans is fixed from the original one year to be determined by both borrowers and borrowers according to commercial principles. During the contract period, it can be adjusted monthly, quarterly and annually, or a fixed interest rate can be adopted.

2. The overdue interest refers to the penalty interest arising from loans overdue, specifically the overdue penalty interest arising from the borrower's failure to repay the loan as agreed in the contract. Overdue interest is closely related to overdue loans and the credit problems of users. Article 207 of the Contract Law stipulates: "If the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or relevant state regulations".

Third, we know that loan contracts are divided into commercial loans and private loans according to the nature of lenders. The former refers to loans issued by commercial banks or other financial institutions as lenders, while the latter refers to loans between natural persons and between legal persons and natural persons. The calculation method of overdue loan interest varies with the nature of the loan contract. First, if the parties have an agreement on the loan term, interest during the loan period and interest on overdue loans in the loan contract, they should respect the autonomy of the parties and follow their agreement.

4. As long as the commercial loans overdue interest does not exceed the interest rate standard stipulated by the People's Bank of China, and the private loan interest rate is not higher than 4 times the bank loan interest rate stipulated by the Supreme People's Court, it shall be calculated at the agreed interest rate. Second, in the loan contract, the parties only agreed on the interest during the loan period, but did not agree on the interest on overdue loans. The lender of a commercial loan may require the borrower to pay the overdue interest at the interest rate agreed in the contract during the loan period, or may require the borrower to pay the overdue interest in accordance with the relevant provisions of the state, and the choice lies with the lender;

5. The calculation period of overdue loan interest is controversial in academic circles because there is no legal provision, and it is also a difficult problem in judicial judgment. The different views are summarized as follows: The first view is that the interest on overdue loans should be calculated until the date of loan repayment. This view is dominant in practice, has many supporters, and is adopted by most judges in their judgments.

Sixth, the reason is that although the Civil Procedure Law stipulates that the person subjected to execution fails to perform the obligation of paying money within the period specified in the judgment, he shall pay double the interest on the debt during the delayed performance. However, the borrower's failure to fulfill the obligation to pay money within the time limit specified in the judgment is a continuation of the breach of contract. There are both statutory provisions and agreements. According to the legal principle that the agreement is superior to the statutory terms, the lender has the right to ask the borrower to pay interest until the date of repayment of the loan, and at the same time, it can choose to double the interest on the debt during the delayed performance. The second view is that the interest on overdue loans should be calculated until the expiration of the performance period (also known as grace period) determined by the judgment. There are many people who hold this view.