HeavyQingCity highLevelThe people's courtGuanIn the

The trialLi MinBetweenBorrowLoan disputeSeveral caseThe problemFingerThe guideItalySee

  In order to correctly judge folk loan disputes, unification of criteria of judgment, equal protection of the legitimate rights and interests of both lending, maintain the order of the market economy, according to the provisions of the relevant laws, administrative regulations and judicial interpretation, combined with the actual city, the trial of folk loan disputes in, put forward the following opinions:

1, hearing the folk loan disputes, in accordance with the law shall protect the legitimate lending, sanctions and avoiding financial supervision, in the form of legal cover up illegal act, security financing channels, to promote the credit market to form multiple structure, give full play to the judicial functions to guide and regulate the role of borrowing behavior, guide the market subject law abiding integrity.

2, between the natural person and non-financial enterprise or natural person between loan disputes, should be regarded as folk loan disputes the admissibility of the provisions, and shall apply the guidelines. Approved by the financial departments of local government and other departments in the loan, guarantee, corporate institutions, financing lease, pawn, funds and other financial business loans caused by the dispute, does not apply to this guidance.

   Because of illegal fund-raising and other reasons by the banking supervision and management departments identified as illegal financial business activities of lending disputes, the people's court shall rule to reject, but for illegal financial institutions illegal absorption or disguised absorbing public deposits, illegal fund-raising was banned, because return disputes, no consensus to the people's court shall be accepted.

The public security organ for investigation of folk loan disputes, the people's court shall rule to reject.

3, under normal circumstances, folk loan disputes of the parties to the loan contract specified in the contract as the plaintiff and the defendant. Have not signed a written contract for loan of money, the lender, the borrower to other debt instruments such as the plaintiff and the defendant, except as otherwise provided for by this opinion.

4, for the common are two or more creditors to loan disputes, only one or some lenders filed a lawsuit, the people's court shall notify the other lenders to participate in the litigation, but clear up except for other lenders to borrowers claim rights. Give up other lenders to borrowers prior claims filed a lawsuit, the people's court shall not accept the case; has to accept, reject.

   The debtor is more than two of lending disputes, lenders are part of the prosecution, the people's court shall add other borrowers as a joint defendant.

5, the legal representative of the enterprise, signed in the name of individual loan contract, the people's court shall personal parties; enterprise legal representative signed in the name of the enterprise of the loan contract, the people's court shall list of enterprises for the party.

6, one of the spouses signed the loan contract, lenders to the couple as a defendant in a lawsuit, the people's court shall permit.

7, the plaintiff only on the basis of a lawsuit, the defendant argued that a signature or seal on the false, in the original, the defendant shall not apply for identification in case, assume that the application identified by the plaintiff's responsibility. The defendant shall provide for identification, handwriting or seal on the sample, refuses to provide, the people's court may direct that I owe you on the signature or seal is true.

8, for the subject of the case, the lender shall prove of payment. The lender stating payment for cash on delivery, the people's court shall according to the statements of the parties, the cash delivery amount, loan affordability, trading habits determine the comprehensive review factors.

9, the lender based only on financial institutions payment vouchers filed a lawsuit, arguing that money Lender Borrower repayment system both previous loans and IOU have already lost, the burden of proof borrowing relationship established by the lender bear.

10, the lender solely on the basis of a lawsuit, if effective, borrowers to note the amount a plea, and there is a sale contract, the basic legal relationship of evidence, should be on the basis of legal relation of the trial; if the borrower has no objection to an IOU, can not review the basic legal relationship.

11, borrowers have to pay about completed loan interest, but also to the agreed interest rate than the people's Bank of China announced earlier the same loan interest rate 4 times the request on the grounds of the return, the people's court shall not support. The borrower fails to pay the loan principal about finished, the request will interest publication has paid more than during the same period of the people's Bank loan interest rate 4 times to offset capital during the trial, the people's court shall support.

12, for interest payments, no agreement or the agreement is not clear, as do not pay interest, but interest payments shall not be required to return.

Both lenders and borrowers have agreed to pay interest, but the interest rate agreement dispute, can refer to the people's Bank of China announced earlier the same loan interest rate.

13, the lender will interest according to the agreed in principal request the borrower to pay interest, as long as the contract interest rate does not exceed 4 times the people's Bank of China announced earlier the same loan interest rates, the people's court shall support.

14, lenders according to the agreement and claim overdue interest and liquidated damages, if overdue interest, liquidated damages and not more than published by the people's Bank of the loan interest rate 4 times during the same period to calculate the interest, the people's court shall support.

15, although there is no standard calculation of lenders agreed late interest in the loan contract, the borrower but to claim overdue interest, if the loan contract agreed to the interest rate, the interest rate can be based on the floating 30% claim overdue interest, but shall not exceed 4 times the float after the people's Bank of China announced earlier the same loan interest rates if the loan contract; the interest payment is not agreed or agreed interest but to rate the agreement is not clear, the people's Bank of China announced earlier the same loan interest rate basis broke surface 30% claim overdue interest.

  Agreed repayment deadline, overdue interest calculated from the loan contract expiration repayment deadline date; not agreed repayment period, the creditor may demand that the debtor to return within a reasonable time, overdue interest calculated from the date of expiry of the reasonable period of time.

16, lenders not agreed repayment period of loan according to the lawsuit, the limitation of action from lenders require borrowers to fulfill the obligations of the grace period to calculate the date of expiration of the.

Lenders basis does not indicate the repayment period of IOUS in litigation, litigation prescription starting calculation from issue IOUs for second days, but it is called IOU, IOU pursuant to the preceding provisions.

17, lenders over a period of limitation of action collection notice issued, the borrower signed or stamped in the notice, shall be deemed to re confirm the original creditor's rights, the creditor's rights shall be protected by law.

18, the people's court shall require borrowing parties I to participate in litigation, find out the reason, purpose, amount of the loan, payment, loan sharking and other facts.

19, for the alleged illegal fund raising, illegal absorb public deposits, such as crime of relending folk lending case, the people's court shall inform the parties to report to the public security organs, or to transfer the case to the public security organ. The public security organ for investigation, it shall dismiss the charges, the public security organ shall not placed on file for investigation, the people's court to continue hearing. The court rejected the prosecution, the public security organ for investigation after the withdrawal of the case and the people's Court of criminal judgment does not constitute a crime, the lender to a lawsuit, the people's court shall accept.

   Must folk lending case in the trial of a criminal case as the basis, the people's court shall rule to suspend the trial.

 20, the opinions issued since the date of implementation.