Research On Credit Card Recovering And Late Payment

China's compound interest legislation is manifested as "one size fits all" and "double standard",in the field of private lending strictly prohibit compound interest,and whether the formal financial sector is not applicable to the provisions of the law,only in the Central People's Bank promulgated the ?bank card business management approach?And ?RMB interest rate management regulations? provide that banks have the right to receive compound interest.Bank credit card compound interest and late fees calculation method is correct,too high compound interest and late fees for judicial adjustment,how to adjust,is the focus of such cases controversy.In practice,the vast majority of the courts fully support the bank's claims for compound interest and late fees,and some of the courts break through the mainstream referee approach,trying to use different referee paths to limit the credit card's high compound interest and late fees,but most of the reasoning Not too strict.This paper begins with the legal nature of credit card compound and late fee,and tries to solve the problem of the judicial adjustment of compound interest and late fee in the unfair position of the cardholder in the calculation of compound interest and late fee calculation.This article consists of five parts,as follows:Part I: By combing the typical cases of credit card compound and late fee disputes,we find the focus of such cases,that is,the correct calculation method of credit card compound and late fees,whether high credit card compound interest and late fees should be applied to judicial adjustment and how to adjust.Part II: Analyze the legal nature of credit card compound interest.According to the changes in principal claims and interest claims,compound interest is divided into three forms: reciprocity,reciprocity and compound interest.Credit card overdraft interest on monthly basis,while the credit card contract "overdraft deduction" of the authorization agreement for violation of their agents prohibit the provisions of the invalid,can not be bank deductible as cardholders repaid overdraft interest,overdraft interest is not actual So that the credit card compound interest belongs to the late compound interest;overdraft interest as the cardholder's main payment obligation,the cardholder delay payment of interest is a breach of contract,compound interest is a breach of contract;and because of compound interest in the mathematical characteristics of "explosive" Sexual and compensatory.Part III: Analysis of the legal nature of late fees.By analyzing the history of late fees,it is pointed out that the provisions of the promulgation of the "Credit Card Business Management Measures" promulgated in 1999 are affected by the legislation of late fees in the planned economy period,and our commercial banks have already faded the administrative management color of the planned economy period and returned to the civil legal relationship One of the parties,the credit card late fees in essence is the cardholder did not repay the minimum amount of liquidated damages;cardholders overdue repayment,the bank losses have been filled by overdraft interest and compound interest,late fees are not lost to fill the object,Should be punitive damages.Part IV: Credit card compound interest and late fees apply for liquidated damages to adjust the rules of the reasons."Credit card business management approach" clearly stipulates that the bank has the right to collect compound interest and late fees,compound interest and late payment of metal in the liquidated damages,and statutory breach of contract should be arbitrary norms,the application of "contract law" liquidated damages rules.(2)The legal breach of contract is the legal spirit and legal system of the autonomy of the law,which is in line with the autonomy of private law and freedom of contract in China.(1)The legal breach of contract is arbitrary and conforms to the market economy system of China.Part V: Adjustment of credit card compound and late fees.The bank's current calculation of overdraft interest,compound interest and late fees are intertwined and repeated.This section specifies the correct calculation of overdraft interest,compound interest and late fees.And put forward the way of judicial adjustment of high compound interest and late fee,compound interest and late payment of metal in punitive damages,the reduction of the standard analogy applicable "Guarantee Law" Article 9 of the deposit does not exceed the amount of 20% Provisions.Overdraft interest as the main payment obligations of the contract,the cardholder's outstanding overdraft interest should be compensated for the loss of the bank to the monthly overdraft interest as the base and calculate the loss at the rate of four hundred thousandths of interest;compound interest to remove the overdraft interest compensation The total amount of the remaining part and the late fee shall be limited to 20% of the total amount of the principal amount of the loan,and the proportion exceeding 20% shall be invalid.Part VI: Conclusion.This part includes two contents,first of all,the evaluation of the typical cases listed in this article;secondly,in January 2017 entered into force,"the People's Bank of China on the credit card business matters related to the notice" were evaluated."Notice" to cancel the provisions of the credit card late fee,by the card issuer and the cardholder agreement overdue repayment of the breach of contract has a progressive significance;but the bank as a strong credit card legal relationship,in order to prevent the risk of bad debts,high overdue default The provisions of the gold is bound to exist,it is recommended that reference to foreign and regional legislative experience,the amount of liquidated damages or the maximum amount of restrictions imposed.