On The Judicial Suppression Of Private Lending

Judicial interpretation is the highest court of the trial work of the specific application of laws,decrees,the interpretation of the problem,have the function of the fill the legal loopholes,to judge the case provides specific and clear rules.On August 6,2015,the supreme people’s court announced "about private lending cases provisions on some issues of applicable law(hereinafter referred to as the regulations),the" rules "of the judgment of the court got a certain amount of pressure relief,however,the problems caused by private lending not fundamentally solved,escalating instead.Especially in the judicial interpretation about the provisions of the "two lines" of sanqu rates fuelled usury behavior,such as not to be abolished from the legislation,will become the fetters hinder economic and social development,the impact to the judicial process in China.Therefore,around the folk lending rate of the defects in the legislation and the rules of society,economy,law,etc.The analysis of a inhibition,combined with other areas of folk interest rate regulation,complement each other,perfecting Suggestions,have very strong practical significance.This paper consists of three parts: introduction,text and conclusion.The text consists of five parts:The first part,the thesis.What is the judicial suppression of private lending? The judicial suppression of private borrowing in this paper refers to the effect of article 26 of the new judicial interpretation of private lending on the effect of the interest rate regulation on "two lines and three districts" on private lending.Where is the judicial repression of private lending? The author shows through two cases.As you can see from the case,the "two line and three districts" set interest rates too high.Case two can see that judicial interpretation has no definition of usury.The second part is the introduction of private lending and private lending rates.This section introduces two aspects,one is the private lending,which refers to the activities of natural persons,legal persons,other organizations and their mutual funds.Private borrowing is mainly manifested in consumer borrowing and production and profit-making loans.Private lending is characterized by non-normative,concealment and broad subjects.Second,the nature of the interest of private borrowing and the influence factors.Private lending interest is essentially the borrower by getting money to create part of the surplus value,through the interest rate,the interest of the high and low profit margins and industry market,bank policy,market supply and demand situation,factors such as the legal norms.The third part,the law of the interest rate of private borrowing.Rate law of private lending in China referring to the law and judicial interpretation,administrative rules and regulations,policy documents and other documents,the content from the unified interest rate cap to no higher than the same period bank loans interest rates four times,and then to 2015 judicial interpretation of the "two line three areas".In 2015,the judicial interpretation of "two lines and three districts" as an example,there is no legal basis,violation of the principle of fairness,non-compliance with the law of market profit growth,and no definition of usury.In the fourth part,the interest rate of private lending provides the embodiment of judicial restraint.This section explains the suppression of private borrowing by judicial interpretation,which reflects three aspects: waste of judicial resources,obstruction of local economic development,and social harmony and stability.The fifth part is the legislative inspection of the interest rate of private lending outside the region.Firstly,the paper introduces the legislative model of the United States’ interest rate on private borrowing,adopts the unified determination of the highest interest rate,and pays civil,administrative and criminal penalties to exceed the upper limit.Then,the paper introduces the German legislation pattern,Germany take the judge sentenced later method pattern,judge by general provisions of the private lending,combined with the actual situation of each borrowing,disgraceful consideration whether its behavior violate,fair principle,to judge the legitimacy of the borrowing.Finally,this paper introduces the legislative model of the Hong Kong special administrative region of China,which adopts the stepwise section,which gives the criminal sanction and administrative penalty respectively.The advantages and disadvantages of these three models are analyzed.The sixth part,perfect the idea of legal regulation of interest rate of private lending.One is to rationally construct a uniform interest rate ceiling,draw on the us model and set a uniform interest rate ceiling.The ceiling is based on the real economic profit margin and the financial average interest rate.The second is to put the loan of usury into the punishment,increase the punishment of the criminal law to the loan of usury,and determine the definition of illegal interest rate and the rules of punishment.Third,strengthen administrative supervision,standardize the behavior of private lending.