The Court In Judicial Practice On The Interest Rate Of The Referee

People’s court as a judicial organ, took over jurisdiction, through to the Civil Dispute Review, to find the facts of cases, accurately apply the law, mediation of disputes, resolve contradictions. Most of the civil case closed court shall prepare a civil legal instruments, the most common is the verdict and mediation, the mediation mainly between the parties will, while the judgment more is the embodiment of the will of the state, is the embodiment of the legislative intention, after due process, all the work focus in the judgment of the main items on the. Judgment is the main a civil judgment document the core and key, if the decision the main presentation error or have some other defects, its influence is far-reaching, will form the wrong paradigm, cause to follow, the judgment shall be properly expressed main item.Currently in the trial practice, individual judgments, especially for the interest rate of the verdict, representations are not unified, many courts and even with a court of judge is put in different understanding, the late impose a punitive interest how representations, compound interest whether ought to protection, how to protect the understanding of the problem is not uniform, the writ of the expressions inconsistently, the seriousness of the legal instruments. Some judges not recognized the people’s Bank of China on interest rates, interest regulation; no in-depth understanding of autonomy of private law, freedom of contract the basic legal principles; not from legislative high understanding Supreme People’s Court Reply and judicial interpretation. Embodied in the law, impose a punitive interest compound interest expression is not standardized, not unified, some judgments against the lawful rights and interests of the bank.How to correct these errors in understanding, guide to the problem of interest to judge, not simply on the law on legal, should jump out the frame of law, from the stone of its mountain, interest is investment, money on a concept, so it should set out from these disciplines, as the legitimate expression of interest search scientific basis.