1. According to the Decision on Amending the Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases (adopted at the1809th meeting of the the Supreme People's Court Judicial Committee on August 8, 2020, which will take effect on August 20, 2020), if the lender requires the borrower to pay interest at the interest rate agreed in the contract, the people's court shall The' one-year loan market quotation' mentioned in the preceding paragraph refers to the one-year loan market quotation issued monthly by the National Interbank Funding Center authorized by the People's Bank of China from August 20, 20 19.
2. In usury activities, if high-interest loans reach 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.
3. When the credit growth rate of commercial banks slows down, the market demand for private lending will inevitably rise. As private lending enters the era of "profiteering", its negative effects are getting bigger and bigger. The voice of strengthening the supervision of private lending is getting higher and higher. It is worth noting that the ensuing payment crisis and the frequent flight of business owners have also made private borrowers feel insecure, as if they were avoiding an unexploded "time bomb". It is understood that in this hierarchical model, if the return of the first tier is 25% of the principal, then the second tier is about 18%, the third tier is about 10%, the fourth tier is about 8%, and the lowest is generally 3%. Because there is a multi-level pattern, Wanmu said that the entire private lending network "no one knows how big it is." In theory, "Yin-Yang IOUs" are enough to support all risks. If the borrower fails to fulfill the oral agreement, then the creditor can use this "foreign debt" to sue and claim his rights and interests, and there is no time limit. Withholding interest in advance is also one of the manifestations of private lending behavior.