Interest in 200 yuan, the monthly interest rate is 2%. If you borrow 1 ten thousand yuan, the monthly interest is 200 yuan. The annual interest rate is 24% and the annual interest rate is 12 months, so the monthly interest rate = annual interest rate/12=24%/ 12=2%. Interest = principal * interest rate = 10000*2%=200 yuan. Yesterday, the Supreme Law issued "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases", stipulating that if the annual interest rate agreed by both parties of private lending exceeds 36%, the excess interest agreement will be invalid. The annual interest rate is less than 24%, which is protected by the judiciary.
The annual interest rate exceeds 24% and is protected by the judiciary.
1. Article 26 of the judicial interpretation clearly stipulates: "If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, the people's court shall support it. If the agreed interest rate exceeds 36% per year, the agreement is invalid. If the borrower requests the lender to return interest exceeding 36% per annum, the people's court shall support it. "
2. The interest rate is fixed, not the benchmark lending rate of the central bank. "In formulating this judicial interpretation, we have studied the evolution of interest rates from ancient times to the present, especially the clues of the overall interest rate issued by the central bank since 1990 10. After research, we found that the benchmark interest rates issued by central banks vary greatly. The lowest interest rate exceeds 2%, the highest exceeds 12%, and the intermediate interest rate exceeds 5%-8%. Finally, we chose the middle 6% and mentioned the traditional meaning four times, and got the figure of 24%. " Du Wanhua said that the fixed annual interest rate of 24% is a fixed interest rate, which should be protected by civil law and judicial protection. In 24% of the time, all parties who bring civil judicial proceedings to the people's court will be protected by law. Du Wanhua said.
3. the Supreme People's Court issued the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases yesterday.
4. For private lending, if the annual interest rate agreed by both parties exceeds 36%, the excess interest agreement will be invalid. Article 26 of the judicial interpretation clearly stipulates: "If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, the people's court shall support it if the lender requests the borrower to pay interest at the agreed interest rate. If the agreed interest rate exceeds 36% per year, the agreement is invalid. If the borrower requests the lender to return interest exceeding 36% per annum, the people's court shall support it. "