According to 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 If the interest rate agreed by the borrower and the lender does not exceed 24% of the annual interest rate, 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 interest paid in excess of 36% of the annual interest rate.
Article 28 After the borrower and the borrower settle the principal and interest of the previous loan, the interest will be included in the principal of the next loan and the creditor's rights certificate will be reissued. If the previous interest rate does not exceed the annual interest rate of 24%, the amount stated in the re-issued creditor's rights certificate can be confirmed as the subsequent loan principal.
The excess interest cannot be included in the future loan principal. If the agreed interest rate exceeds the annual interest rate of 24%, and the parties claim that the excess interest cannot be included in the later loan principal, the people's court shall support it.
According to the calculation in the preceding paragraph, the sum of the principal and interest payable by the borrower after the expiration of the loan term cannot exceed the sum of the initial loan principal and the interest of the whole loan term calculated at the annual interest rate of 24% based on the initial loan principal. If the lender requests the borrower to pay the excess, the people's court will not support it.
Extended data:
According to the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases:
Twenty-ninth lenders and borrowers have agreed on overdue interest rates, which shall be implemented in accordance with the agreement, but the annual interest rate shall not exceed 24%.
If there is no agreement or unclear agreement on the overdue interest rate, the people's court may handle it according to different circumstances:
(1) If the lender claims that the borrower will pay the interest during the fund occupation period at the annual interest rate of 6% from the date of overdue repayment, the interest rate during the loan period is not agreed;
(2) If the interest rate during the loan period is agreed but the overdue interest rate is not agreed, the people's court shall support the borrower's claim to pay the interest during the period of capital occupation according to the interest rate during the loan period from the date of overdue repayment.
Article 30 The lender and the borrower have agreed on overdue interest rate, liquidated damages or other expenses. Lenders can choose to claim overdue interest, liquidated damages or other expenses, or both, but some people's courts that exceed the annual interest rate of 24% will not support it.
Article 31 If the borrower voluntarily pays interest or liquidated damages without agreeing on the interest, or if the interest or liquidated damages exceed the agreed interest rate and do not harm the interests of the state, the collective and the third party, the people's court will not support it, unless the borrower requests to return the interest exceeding the annual interest rate of 36%.
Article 32 The borrower may repay the loan in advance, unless otherwise agreed by the parties.
If the borrower repays the loan in advance and claims to calculate the interest according to the actual loan period, the people's court shall support it.
Baidu Encyclopedia-Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases