Judicial Dilemma And Breakthrough Of Interest Rate Adjudication In Private Lending Disputes

Private lending as an important way of folk financing,rates attract worldwide attention deeply.This article from the perspective of judicial judgment to observe private lending rates in the dispute,finds that the Supreme People’s Court in August2020 changed the folk lending rate of the referee,achieved a disguised form of folk lending interest rates decline.But the referee of the folk lending rate still has deficiencies,such as interest rate to judge on the basis of such problems as one size fits all one-sided,also exist in urgent need of folk lending trial and execution process improvements,such as lack of judicial discretion applies using the two sides can’t form effective against,etc.In order to solve the judicial dilemma of interest rate judgment of private lending,this paper focuses on the literature of interest rate regulation of private lending by means of comparative analysis,literature research method and other research methods,compares and analyzes the experience of interest rate regulation within and outside the domain,and devotes itself to think about the way to break through the dilemma of interest rate judgment of current private lending disputes.Through the improvement and application of these rules,this paper aims to guide the disputes of private lending to be diverted to private relief and alleviate the judicial pressure.After entering public aid force stage,the stage can be divided into the trial execution in two stages,within the trial stage,promoting the classification regulation rate,adjusting the created conditions for interest rate in the trial stage,in the implementation stage,promoting review guarantees the implementation of the proportion in interest rates.Finally,we wish to establish the covering a trial execution phase of interest rate caps.In addition,the interest rate regulation at different stages of the whole process is actually to play the normative role of interest rate rules and promote the active settlement of disputes.In the field of trial,the principle of classified regulation of interest rate also provides both sides with equal confrontation on interest rate issues,leaving room for judicial discretion to play.