Private Lending,Interest,Common Debt Of Husband And Wife,Intersecting Between People And Punishment,Guarantee Contract,False Statement

Private lending is a lasting issue.In recent years,with the rapid development of China's economy,private lending has developed rapidly.However,China has not been a legal norm on private lending for a long time,which leads to the lack of unified standards and criteria for the trial of civil debit and credit cases,which has brought some difficulties to the work of the court.Fortunately,in 2015,the Supreme People's court finally issued the provisions of the Supreme People's Court on the application of legal issues to the application of private lending cases(hereinafter referred to as "the judicial interpretation of private lending"),which greatly solved the problems encountered in the trial practice.This article will analyze the difficult problems encountered in the trial practice in combination with the "judicial interpretation of private lending",and start with some cases published by the Chinese referee's net,and put forward the countermeasures to solve the problem.Apart from the introduction and conclusion,it is divided into five parts.The first part mainly discusses the interest of private lending in three aspects.First,it is a brief analysis of the means of deducting interest by the lenders and putting forward more reasonable treatment and prevention methods.Two is to analyze the difference between the nominal interest rate and the real interest rate,so as to better apply the real interest rate;at the same time,it is clear that the litigant can advocate overdue at the same time only if the breach of contract gold is not agreed on the overdue interest.Interest and breach of contract.The three is to analyze the interest rate between 24%and 36%of the annual interest rate paid.It is proposed that the payment is paid only by the way of transfer.The use of the transfer is marked as the principal.It can be deducted from the principal,and all other circumstances are not deducted from the principal.The second part mainly discusses the liabilities of the husband and wife in the private lending.First,analyze the present situation of the common debt of the husband and wife,then analyze the specific identification and deficiency of the common debt in the trial practice,and finally combine the newly issued marriage law judicial interpretation to put forward the debt of the one side of the husband and wife.The way to solve it.The third part,mainly through case analysis,emphasizes that when the private lending is suspected of illegal capital collecting and other crimes,it should not be found that the contract is invalid and the contract of transfer guarantee is not a fluid contract,but it should also follow the provisions of the flow contract.The fourth part mainly discusses the phenomenon of the existence of a large number of false statements in private lending,analyses the status quo,causes and hazards,and puts forward the problem of improving the false statements of private lending through the implementation of good faith litigation,the strengthening of punishment and the means of incorporating the credit system.The fifth part mainly discusses the intersection of civil and criminal loans in private lending.From the case of the case,combined with the concrete trial practice analysis,the author analyses the disadvantages of the existence of the people's existence,which can not protect the debtor's interests well,and deprives the relief channels of the debtors,and puts forward the principle that the separation of people and punishment should be adhered to.