Standard bank lending rates over the same period should be clear

Authors: Feng Zhaoyang Release date: 2008-05-14 08:34:48

  In judicial practice, the folk loan disputes involve money or other disputes, as the interest rate agreement is unclear or disputed, according to the Supreme People's court "about people's court lending case several opinions" provisions, may refer to the same bank loan interest rate. Therefore, in the judgment relates to interest calculation often "from a certain period of a day in the banks in the same period (similar) to pay interest rates of loans" and other words to describe. On the surface, interest payment standard is clear, is the bank loan interest rates over the same period (similar). But in fact, "the bank loan interest rates over the same period (similar)" is still a concept of uncertainty. For example, overdue repayment is made by the people's bank loans guiding rate of interest or by commercial banks, credit cooperatives floating loan rate of interest? According to legal obligations when the rate of interest or the actual execution of the interest rate? According to the agreed repayment period of loan interest rates or the period of half year, one year, two years or three years, a period of five years, the actual deadline to determine the rate of interest? The author find the corresponding judicial interpretations and administrative regulations, found no clear regulation. So the author thinks that in dealing with such cases, calculation methods to deal with the interest to be clear, the relevant judicial interpretation should also be timely to make specific provisions. Specifically, should make clear the following points: one is the "bank" the same loan interest rates should be understood as the people's Bank of Chinese guiding interest rate, and should not be interpreted as each bank floating in the people's Bank guidance range of rates. The two is to spur the obligor to fulfill legal obligations, so it is suggested that the real law fails to perform the time period to calculate the interest, to punish people for breach of contract. Three is in accordance with the use of the loan, to distinguish different loan types, such as investment, consumption, housing, education, pledge, to be determined in accordance with the people's Bank China different loan rates.

(Yiyang County of Henan Province, the author unit: the people's court)