Civil Law Control Of The Usury Contract

The usury contract does great harm to litigant,society and country.In terms of the parties,the usury contract can’t help borrower return to normal daily life and production because dueto high rates and exacting calculating way. The usury contract speed up business failed andbreak the family.For the society, It is very common the borrower risk danger in desperationjoin in the robbery, theft and other activities to pay off the loan.Usury is easy to make theborrower to embark on the road of crime.Brought many influencing factors of the stability ofthe society and Bring to the society "of bad people borrowing".As for the wholecountry.Because the private lending institutions or individuals are not legitimate financialinstitutions, its essence is obtain illegitimate interests restrict market development.Thebehavior is difficult to implement supervision and management.In the investigation of someprocuratorial organs duty crime, usury became bribery tool.It has great damage to the honestyof the national staff.In the seriously disturbed the financial order and the collapse of creditsystem, where the biggest influence caused by usury "run away" the tide.This is tantamount toblock the entities in the economic operation of the throat, but also bring enormous pressure tothe development of local economy.In view of the harm of usury, so it is necessary to control the usury.Characteristics ofcivil activities is the behavior of certain based trust and profit expectations and engage in civilactivities Civil activities are activities based on autonomy and make spontaneous.Thisprovides the premise and possibility for private control of usury.By means of private controlof usury control first has the advantages of low cost.Secondly, usury contract parties are oftenbased on trust based on certain and lending and capital transactions, Or although trustfoundation is weak, but the party for an urgent need for capital, the other party for exorbitantusury desire and reach a contract. Therefore, the collapse of trust behavior, reduce the doerobtain benefits are the validity of the contract rules is the control method of private lawcontrol method and the method of control system of unjust enrichment.Control method of the validity of the contract rules of the first type of loan contractAccording to the different types of the loan contract for different effectiveness evaluation.Thisinvolves the identification standard of usury problems.From the meaning autonomousprinciple point of view,it is the boundary problem of the principle of autonomy.The type ofstandard on the loan contract.Germany has Subjective standard and objective standard.TheUnited States and other countries use objective standard.The existing provisions of China concerning usury by objective criteria.Only by objective standard country, due to theobjective standard is open, specific and clear,so in violation of the objective standard isconsidered to have its subjective malice.Standards of usury is the prerequisite for the type ofthe loan contract. But China’s existing contract rules in private law control of usury still haveproblems need to improvement.Unjust enrichment system according to the behavior of people according to the nature ofthe action of the actor’s subjective attitude on the behavior of different types of treatment.Andset the interest distribution mechanism of different types according to different behavior.Bycontrolling the doer obtain benefits are expected to realize private law control method.Usurycontract lenders agreed for excess interest over interest rate caps and acquisition.Usurycontract lenders agreed for excess interest over interest rate caps and obtain the subjectivemalice.As a private law control method, system of unjust enrichment the usurious lendersmalicious classified as illegal behavior on the legal status of usury gave negativeevaluation.But in the usury control, our country existing unjust enrichment system still existssome problems need to be improved.We should private control means to usury in usury regulation because law controlmethod of usury is not everything.Private control of usury has lead the Party establishedspontaneously avoid and resist the usury function.But if no usury produce economic andsocial causes for counseling,the result is the parties through a variety of ways to resist theprivate control of usury. Even the private control provides reasonable to usury became the"evil law".So In order to achieve effective regulation of usury, the control of usury by privatelaw control method should pay attention to combining with other control methods and makecomprehensive use of.