In the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases,
Article 26 provides that:
If the interest rate agreed between the borrower and the borrower does not exceed the annual interest rate of 24%, and the lender requests the borrower to pay interest at the agreed interest rate, the people's court shall support it.
The interest rate agreed between the borrower and the borrower exceeds the annual interest rate of 36%, and the interest agreement in excess is invalid. The people's court shall support the borrower's request to the lender to return the part of the interest paid that exceeds 36% per annum.
On the platform of auction loan and renren loan, the interest is formed by the borrower in the form of parity, and the maximum annual interest rate that can be set is 4 times of the benchmark interest rate of the People's Bank of China. For the interest problem of prepaid users:
1, partial prepayment, interest will be calculated as usual, and interest will not be reduced;
2. One-time prepayment, with interest calculated according to the number of days actually occupied by funds.
Extended data:
high interest
According to the Notice of the People's Bank of China on Banning Underground Banks and Cracking down on usury:
The interest rate of private personal loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed 4 times of the loan interest rate of financial institutions of the same grade in the same period announced by the People's Bank of China (excluding floating). Those who exceed the above standards should be defined as high-interest loans.
In usury activities, if high-interest lending reaches a certain amount, it constitutes the crime of illegally absorbing public deposits; For the purpose of lending, taking credit funds from financial institutions and lending them to others at a high interest rate, the illegal amount is large, which constitutes the crime of lending at a high interest rate; For the purpose of illegal possession, illegal fund-raising by fraudulent means, with a large amount, constitutes the crime of fund-raising fraud; Usury can easily lead to criminal offences such as illegal detention, kidnapping, injury and fraud; Non-governmental intermediaries and individuals lend at high interest rate with their own funds, which belongs to non-governmental lending behavior. If there is a loan dispute, it belongs to the category of civil adjustment.
Usury interest = loan amount * interest rate * term, which is a common calculation method of loan interest. For example, for a usurer with a monthly interest of 4 points, the loan amount is 654.38+ 10,000 yuan, and the interest of 654.38+0 months is 654.38+000000 * 4% * 654.38+0 = 4,000 yuan.
Reference: Baidu Encyclopedia-Pat Loan
Baidu encyclopedia-usury
Baidu encyclopedia-renrendai