Research On Trial Of Private Lending Usury Cases

As an indispensable part of China's economic development,private lending plays an important role in supplementing the inadequate lending capacity of banks and financial institutions,but the problem of private lending and usury accompanied by private lending is becoming more and more serious.Although the private lending usury is convenient and the threshold is low,it does great harm to the financial order and social stability.Through the analysis of the adjudicative documents of the relevant cases of the usury of non-governmental loan disputes,we can find that the court's judgment on the cases of the usury of non-governmental loan disputes often appears the problems of unclear identification of the facts of the cases and the lack of guidance in the judgment results,and it can not be very good for the usury of non-governmental loan disputes to be fair and public judgement,and reduction of the phenomenon of usury of private lending.Furthermore,through the analysis of the trial situation,it is concluded that the reasons are the defendant's absence,the various forms of folk loan usury,the limitations of documentary evidence and the statements of the parties as evidence,resulting in the court's inadequate determination of the facts of the case and inadequate legal provisions resulting in judicial ruling,the result is lack of guidance.In view of these reasons,the judicial staff at this stage should strengthen the mediation work,grasp the nature of the loan contract and through the comprehensive examination of evidence,experience,the use of habits,determine the facts of private lending usury cases.In addition,we should also clearly define the "usury" and clear the responsibility of the usurer,so as to better deal with the dispute between private lending and usury and reduce the occurrence of usury of private lending.Due to the court's inadequacy in the application of relevant laws in the trial of usury of private lending disputes,the trial results appear unfair and impartial and lack of guidance.First of all,through the understanding of foreign and Hong Kong region of China's private lending and usury laws and regulations and their legislative experience,and then combined with some of our country's situation,that China's private lending laws and regulations should adopt the classification of norms,key norms of the legislative path.In the legislative path of classification norms,non-governmental lending is divided into commercial non-governmental lending and civil lending according to profit-making standards,and then the commercial non-governmental lending is regulated in the rules and regulatory system.According to the commercial non-governmental lending and civil lending,when the interest rate of the lender exceeds the legal limit,the high-interest lender may be liable.Civil liability,administrative penalty and criminal liability shall be determined in accordance with the lending rate in the lending relationship and the consequences of usury.By improving the legal norms of private lending and usury,we can reduce the phenomenon of private lending and usury,and make private lending better serve the economic development of our country.