| Debit and credit is very common in current society, which could be traced back to ancient times like Xi Zhou dynasty and changed greatly of its manner, category and meaning, with the development of thousands of years. In recently years, market economy is more and more active, and the private lending is more frequent, which also tragers more and more disputes concerning private lending.This article focuses on the dispute of a private lending case, discussing the questions about the nature of lending, usury, and joint liability. This article chooses the case of Ma Hong v.Song County Electric Power Bureau and Mu Zha Ling Co, with the method of case analysis, studys the relevant questions of rules about private lending, and put forward suggestions to improve private lending. This article expounds the details from four aspects, besides introduction and conclution. The contents are as follows:Part one is the introduction of the case. The parties of the litigation, the fact found by the original trial court, the grounds of the appeal, and the judgement of the The appeal court are introduced as the foundation of this article’s study.Part two summarizes the core disputes of the case. First, about the nature of the dispute, is it a private lending or a lending between enterprises? Second, if the high profits and the liquidated damages were payed together, will that be taken as usury? Third, whether the Song County Electric Power Bureau will take joint liability.Part three focuses the disputes listed, analyses the concept of private lending, the reality of lending between enterprises, the identification of the Debitor and creditor, the caculation of profits and usury, and the assertion of joint liability, with the theory of law and economy. In the end, the conclution is given.Part four puts fowward several legal suggestions from four aspects, such as legislation, jurisdiction, enforcement and abidance, with the analyses of the case of Ma Hong v.Song County Electric Power Bureau and Mu Zha Ling Co as the foundation. |
