Legal analysis: in the process of signing a loan contract, we should pay attention to the strictness of the contract, that is, the content of the loan contract should be strict and complete. In addition to the loan amount, term, interest rate, collateral, guarantor and other necessary conditions, the contract should also specify the necessary additional conditions. Second, the clarity of the contract, the words should be simple and easy to understand, and the common language that conforms to the legal norms should be used. Third, the accuracy of the contract, all the terms of the contract must be accurate and specific. Fourth, the legality, format and language of the contract must conform to the laws and regulations of the state.
Legal basis: Article 26 of the Provisions of People's Republic of China (PRC) and the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases. If the interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%, 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.