| Could the assignee of claim on financial non-performing loans have the right of charging the debtor compound interest? With the transition of assignment method from executive-led to marketization,the concentrated problem of charging compound interest arises.Regarding this,there is no definite answer from the law,administration rules or judicial rules.In the theoretical study,scholars focus on the problem of charging compound interest in the domain of private lending.In the study of assignment of financial non-performing loans,judicial policy at macro level draws much attention from scholars.Due to the difference of development stage,there is also no sufficient theoretical study abroad in this problem.Based on these,the problem is worth of studying.On account of relevant judicial documents,which are available on the website of China Judicial Document,empirical research is adopted.Through classifying documents into certain types and inducing,the main issues are concluded on the problem of charging compound interest during the assignment of financial non-performing loans.Combined with methods of normative analysis and comparative analysis,studying,the three issues are explored,so as to reflect on the mistakes of judicial adjudication.On the grounds of study above,corresponding countermeasures are provided for solving the problem.In addition to the introduction,this article is composed of four sections.In the section of introduction,the problem is raised,and the study design is introduced.On the basis of judicial cases,the problem that whether the assignee could charge compound interest after obtaining financial non-performing loans or not is raised.Combined with literature review,the study status and existing drawbacks are shown with regards to this problem.The object of the study is non-performing loans of banking institutions.Empirical study,normative analysis and comparative law research are included in the study methods.Furthermore,study contents,difficulties and innovations are also introduced.In the first section,the problem that the assignee could whether or not charge the debtor compound interest is clarified.By combing legal provisions,administrative rules,judicial rules for years,which are relevant to assignment of claim on financial non-performing loans,and the opinion shown in the newest civil judgement of the Supreme People’s Court,the practical value and theoretical value are drawn from the study.In the second section,judicial cases,regarding to charging compound interest on financial non-performing loans,are collected,classified and analyzed during the process of empirical study.Following this,types of judicial cases are concluded,judicial viewpoints and evidence of judicial adjudication are presented.Through contents above,the main legal bases are concluded,resulting in main controversies of charging compound interest on the claim of financial non-performing loans.In the third section,topics like the controversy of whether the right of charging compound interest is exclusive or not,adaptability of judicial documents,which include meeting minutes of assignment of claim on financial non-preforming loans,agreement of charging compound interest in writing are studied legally,with the reference of foreign experience.Furthermore,the method of comparative law research is taken at a macro level.Through this,the answer to the problem that the right of charging compound interest is whether or not exclusive,is given by studying foreign legislative and judicial practice.In the fourth section,the main content is about reflection and countermeasure.According to the study above,three conclusions are got.First,without the agreement of charging compound interest in writing,the right of charging compound interest does not exist.Second,the right of charging compound interest is not exclusive to financial institutions.Third,for courts,relevant judicial documents with nature of interpretation should be referred to strictly and carefully.Deriving from these conclusions,this judicial countermeasure,which adapts to the development requirements of assignment of claim on financial non-performing loans,could be provided for legally handling judicial cases.Following this judicial countermeasure,the civil trials relating to this problem would be more legitimate.Furthermore,financial risk hidden in the accumulation of non-performing loans could be better dissolved. |
