Problems in the trial of private lending cases

Some Issues Concerning the Applicable Law in the Trial of Private Lending Cases In order to correctly try private lending disputes, according to the General Principles of Civil Law of People's Republic of China (PRC), Property Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC), Civil Procedure Law of People's Republic of China (PRC) and Criminal Procedure Law of People's Republic of China (PRC), etc. Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them. These Provisions shall not apply to financial institutions and their branches established with the approval of financial supervision departments to engage in loan business, and disputes arising from loans and other related financial businesses. Article 2 When a lender brings a lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts and IOUs held by the parties do not specify the creditor, and the parties holding the creditor's rights certificates file a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution. Article 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the currency is located. Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant. Where the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant. Article 5 After placing a case on file, if the people's court finds that private lending itself is suspected of illegal fund-raising, it shall rule to dismiss the prosecution and transfer the clues and materials suspected of illegal fund-raising to the public security and procuratorial organs. If the public security and procuratorial organs refuse to file a case, or the case is dismissed after investigation, or the procuratorial organs make a decision not to prosecute, or the people's court decides that it does not constitute a crime of illegal fund-raising, and the parties bring a lawsuit to the people's court on the same fact, the people's court shall accept it. Article 6 If a people's court finds clues and materials related to a private lending dispute case but not the same fact, it shall continue to hear the private lending dispute case and transfer the clues and materials suspected of illegal fund-raising to the public security and procuratorial organs. Article 7 The basic facts of a private lending case must be based on the trial results of a criminal case. If the criminal case has not been concluded, the people's court shall make a ruling to suspend the proceedings. Article 8 If the borrower is suspected of committing a crime or is found guilty by an effective judgment, and the lender sues the guarantor for civil liability, the people's court shall accept it. Article 9 Under any of the following circumstances, it can be regarded as having the effective requirements for a loan contract between natural persons as stipulated in Article 210 of the Contract Law: (1) When the borrower receives a cash loan; (2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall be counted from the time when the funds reach the borrower's account; (3) If the bill is delivered, it shall be counted from the date when the borrower obtains the bill right according to law; (4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account; (5) The lender provides the loan in other ways agreed with the borrower and actually performs it. Article 10 Except for the loan contract between natural persons, the people's court shall support the parties who claim that the private loan contract shall take effect upon the establishment of the contract, unless otherwise agreed by the parties or otherwise provided by laws and administrative regulations. Article 11 The people's court shall support the non-governmental loan contracts concluded between legal persons and other organizations and between them for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions, if the parties claim that the non-governmental loan contracts are valid. Article 12 A legal person or other organization raises funds from employees in the form of loans within a unit for the production and operation of the unit, and there is no situation as stipulated in Article 52 of the Contract Law and Article 14 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it. Article 13 If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall determine the validity of private lending contracts in accordance with Article 52 of the Contract Law and Article 14 of these Provisions. If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or that the effective judgment has determined that it constitutes a crime, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties. Article 14 In any of the following circumstances, the people's court shall deem the private loan contract invalid: (1) The borrower knew or should have known in advance that credit funds were obtained from financial institutions and lent to the borrower at a high profit; (2) Borrowing money from other enterprises or raising funds from employees of the unit is lent to the borrower for profit, and the borrower knows or should know in advance; (3) The lender knows in advance or should know that the borrower is still providing loans for illegal and criminal activities; (4) Violating public order and good customs; (five) other violations of the mandatory provisions of laws and administrative regulations. Article 15 If the plaintiff brings a private lending lawsuit on the basis of creditor's rights certificates such as IOUs, receipts and IOUs, and the defendant raises a defense or counterclaim based on the basic legal relationship, and proves that the creditor's rights dispute is not caused by private lending, the people's court shall try it according to the basic legal relationship according to the ascertained facts of the case. The provisions of the preceding paragraph shall not apply to the creditor-debtor agreement reached by the parties through mediation, reconciliation or liquidation. Article 16 The plaintiff only brings a private lending lawsuit on the basis of creditor's rights certificates such as IOUs, receipts and IOUs. If the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. If the borrowing behavior defended by the defendant does not actually occur and can be reasonably explained, the people's court shall comprehensively judge and verify whether the borrowing fact has occurred in combination with the facts and factors such as the amount of borrowing, the delivery of the money, the economic ability of the parties, the local or inter-party trading methods, trading habits, changes in the property of the parties, witness testimony, etc. Article 17 The plaintiff only brings a private lending lawsuit based on the transfer voucher of a financial institution, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, and the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. Article 18 According to the second paragraph of Article 174 of the Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), the plaintiff who bears the burden of proof refuses to appear in court without justifiable reasons, and the main facts of the case, such as the loan behavior, loan amount and payment method, cannot be confirmed by the existing evidence after examination, and the people's court does not recognize the facts it claims. Article 19 When a people's court finds any of the following circumstances in the trial of a private loan dispute case, it shall strictly examine the facts such as the reason, time, place, source of funds, mode of delivery, capital flow, loan relationship and economic situation, and comprehensively judge whether it is a false civil lawsuit: (1) The lender obviously does not have the ability to lend; (2) The facts and reasons brought by the lender are obviously unreasonable; (3) The lender is unable to submit the creditor's rights certificate or the creditor's rights certificate submitted may be forged; (four) both parties have participated in private lending litigation for many times within a certain period of time; (5) One party or both parties refuse to appear in court to participate in the litigation without justifiable reasons, and the entrusted agent's statement of the loan facts is unclear or inconsistent; (six) the parties have no dispute about the occurrence of the loan fact or the defense is obviously unreasonable; (seven) the borrower's spouse or partner, other creditors outside the case raised factual objections; (8) Other parties to the dispute transfer property at a low price; (nine) the parties give up their rights improperly; (10) Other situations where there may be false private lending litigation. Article 20 If the plaintiff applies for withdrawal of a false private lending lawsuit, the people's court shall not allow it, and shall make a judgment rejecting his request in accordance with the provisions of Article 112 of the Civil Procedure Law. If a litigant participant or any other person maliciously creates or participates in false litigation, the people's court shall, in accordance with the provisions of Articles 111, 112 and 113 of the Civil Procedure Law, impose fines and detention according to law; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility. If a unit maliciously manufactures or participates in false litigation, the people's court shall impose a fine on the unit, and may impose a fine or detention on its principal responsible person or the person directly responsible; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility. Article 21 If another person signs or seals the creditor's rights certificate or loan contract such as IOUs, receipts and IOUs, but fails to indicate that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed to be the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people's court will not support it. Article 22 Lenders and borrowers form a loan relationship through the online loan platform. The online lending platform provider only provides media services, and the people's court will not support it if the parties request it to assume the guarantee responsibility. The people's court shall support the online lending platform providers who explicitly provide guarantees for loans through web pages, advertisements and other media or have other evidence to prove that the lenders request the online lending platform providers to assume the guarantee responsibility. Article 23 If the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of the enterprise, and the lender, the enterprise or its shareholders can prove that the borrowed money belongs to the legal representative or person in charge of the enterprise, and the lender requests that the legal representative or person in charge of the enterprise be listed as a co-defendant or a third party, the people's court shall allow it. If the legal representative or person in charge of the enterprise signs a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the enterprise, and the lender requests the enterprise to share the responsibility with the individual, the people's court shall support it. Article 24 If the parties sign a sales contract as a guarantee for a private lending contract, and the borrower cannot repay the loan after the loan expires, and the lender requests to perform the sales contract, the people's court shall try the case according to the legal relationship of private lending, and explain to the parties the request to change the cause of action. If the parties refuse to change, the people's court shall rule to dismiss the prosecution. After the judgment made in accordance with the legal relationship of private lending becomes effective, if the borrower fails to perform the monetary debt determined by the effective judgment, the lender may apply for auctioning the subject matter of the sales contract to repay the debt. The borrower or lender has the right to request the return or compensation for the difference between the auction proceeds and the repayable loan principal and interest. Article 25 The people's court shall not support the lender's claim to pay interest during the loan period if the borrower and the lender have not agreed on interest. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, if the agreement between the borrower and the lender on the loan interest is not clear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors. Article 26 If the interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%, 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 27. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal. Article 28 After both borrowers and borrowers settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan and issue a new certificate of creditor's rights. 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. Twenty-ninth borrowers and lenders 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 the overdue interest rate is not agreed or clearly agreed, the people's court may deal with it according to different circumstances: (1) If neither the interest rate during the loan period nor the overdue interest rate is agreed, the people's court shall support the lender's claim that the borrower should pay the interest during the capital occupation period at the annual interest rate of 6% from the date of overdue repayment; (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. Article 33 After the promulgation and implementation of these Provisions, the Opinions on Handling Loan Cases by People's Courts (199 1) issued by the Supreme People's Court on August 3 shall be abolished at the same time; If the judicial interpretation previously issued by the Supreme People's Court is inconsistent with these Provisions, it shall no longer apply.

Legal objectivity:

The latest provision of "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases" is the correct trial of private lending disputes. According to the General Principles of Civil Law of People's Republic of China (PRC), Property Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC), Civil Procedure Law of People's Republic of China (PRC) and Guarantee Law of People's Republic of China (PRC), etc. Article 1 The term "private lending" as mentioned in these Provisions refers to the financing behavior among natural persons, legal persons and other organizations and among them. These Provisions shall not apply to financial institutions and their branches established with the approval of financial supervision departments to engage in loan business, and disputes arising from loans and other related financial businesses. Article 2 When a lender brings a lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts and IOUs, and other evidence that can prove the existence of the legal relationship between lending and borrowing. If the creditor's rights certificates such as IOUs, receipts and IOUs held by the parties do not specify the creditor, and the parties holding the creditor's rights certificates file a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification. If the people's court considers that the plaintiff is not qualified as a creditor after trial, it shall rule to dismiss the prosecution. Article 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the currency is located. Article 4 Where the guarantor provides joint liability guarantee for the borrower and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; If the lender only sues the guarantor, the people's court may add the borrower as a co-defendant. Where the guarantor provides a general guarantee for the borrower and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; If the lender only sues the borrower, the people's court may not add a guarantor as a co-defendant. Article 5 After placing a case on file, if the people's court finds that private lending itself is suspected of illegal fund-raising, it shall rule to dismiss the prosecution and transfer the clues and materials suspected of illegal fund-raising to the public security and procuratorial organs. If the public security and procuratorial organs refuse to file a case, or reject the prosecution after filing a case for investigation, or the procuratorial organs make a decision not to prosecute, or the people's court's effective judgment finds that it does not constitute a crime of illegal fund-raising, and the parties bring a lawsuit to the people's court on the same fact, the people's court shall accept it. Article 6 If a people's court finds clues and materials related to a private lending dispute case but not the same fact, it shall continue to hear the private lending dispute case and transfer the clues and materials suspected of illegal fund-raising to the public security and procuratorial organs. Article 7 The basic facts of a private lending case must be based on the trial results of a criminal case. If the criminal case has not been concluded, the people's court shall make a ruling to suspend the proceedings. Article 8 If the borrower is suspected of committing a crime or is found guilty by an effective judgment, and the lender sues the guarantor for civil liability, the people's court shall accept it. Article 9 Under any of the following circumstances, it can be regarded as having the effective requirements for a loan contract between natural persons as stipulated in Article 210 of the Contract Law: (1) When the borrower receives a cash loan; (2) If the payment is made by bank transfer, online electronic remittance or online loan platform, it shall be counted from the time when the funds reach the borrower's account; (3) If the bill is delivered, it shall be counted from the date when the borrower obtains the bill right according to law; (4) When the lender authorizes the borrower to control a specific fund account, the borrower obtains actual control over the account; (5) The lender provides the loan in other ways agreed with the borrower and actually performs it. Article 10 Except for the loan contract between natural persons, the people's court shall support the parties who claim that the private loan contract shall take effect upon the establishment of the contract, unless otherwise agreed by the parties or otherwise provided by laws and administrative regulations. Article 11 The people's court shall support the non-governmental loan contracts concluded between legal persons and other organizations and between them for the needs of production and operation, except in the circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions, if the parties claim that the non-governmental loan contracts are valid. Article 12 A legal person or other organization raises funds from employees in the form of loans within a unit for the production and operation of the unit, and there is no situation as stipulated in Article 52 of the Contract Law and Article 14 of these Provisions. If the parties claim that the private lending contract is valid, the people's court shall support it. Article 13 If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall determine the validity of private lending contracts in accordance with Article 52 of the Contract Law and Article 14 of these Provisions. If the guarantor claims not to bear civil liability on the grounds that the borrower's or lender's lending behavior is suspected of committing a crime or that the effective judgment has determined that it constitutes a crime, the people's court shall determine the civil liability of the guarantor according to the effectiveness of the private lending contract and the guarantee contract and the degree of fault of the parties. Article 14 In any of the following circumstances, the people's court shall deem the private loan contract invalid: (1) The borrower knew or should have known in advance that credit funds were obtained from financial institutions and lent to the borrower at a high profit; (2) Borrowing money from other enterprises or raising funds from employees of the unit is lent to the borrower for profit, and the borrower knows or should know in advance; (3) The lender knows in advance or should know that the borrower is still providing loans for illegal and criminal activities; (4) Violating public order and good customs; (five) other violations of the mandatory provisions of laws and administrative regulations. Article 15 If the plaintiff brings a private lending lawsuit on the basis of creditor's rights certificates such as IOUs, receipts and IOUs, and the defendant raises a defense or counterclaim based on the basic legal relationship, and proves that the creditor's rights dispute is not caused by private lending, the people's court shall try it according to the basic legal relationship according to the ascertained facts of the case. The provisions of the preceding paragraph shall not apply to the creditor-debtor agreement reached by the parties through mediation, reconciliation or liquidation. Article 16 The plaintiff only brings a private lending lawsuit on the basis of creditor's rights certificates such as IOUs, receipts and IOUs. If the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. If the borrowing behavior defended by the defendant does not actually occur and can be reasonably explained, the people's court shall comprehensively judge and verify whether the borrowing fact has occurred in combination with the facts and factors such as the amount of borrowing, the delivery of the money, the economic ability of the parties, the local or inter-party trading methods, trading habits, changes in the property of the parties, witness testimony, etc. Article 17 The plaintiff only brings a private lending lawsuit based on the transfer voucher of a financial institution, and the defendant argues that the transfer is to repay the previous loans or other debts of both parties, and the defendant shall provide evidence to prove his claim. After the defendant provides corresponding evidence to prove his claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship. Article 18 According to the second paragraph of Article 174 of the Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), the plaintiff who bears the burden of proof refuses to appear in court without justifiable reasons, and the main facts of the case, such as the loan behavior, loan amount and payment method, cannot be confirmed by the existing evidence after examination, and the people's court does not recognize the facts it claims. Article 19 When a people's court finds any of the following circumstances in the trial of a private loan dispute case, it shall strictly examine the facts such as the reason, time, place, source of funds, mode of delivery, capital flow, loan relationship and economic situation, and comprehensively judge whether it is a false civil lawsuit: (1) The lender obviously does not have the ability to lend; (2) The facts and reasons brought by the lender are obviously unreasonable; (3) The lender is unable to submit the creditor's rights certificate or the creditor's rights certificate submitted may be forged; (four) both parties have participated in private lending litigation for many times within a certain period of time; (5) One party or both parties refuse to appear in court to participate in the litigation without justifiable reasons, and the entrusted agent's statement of the loan facts is unclear or inconsistent; (six) the parties have no dispute about the occurrence of the loan fact or the defense is obviously unreasonable; (seven) the borrower's spouse or partner, other creditors outside the case raised factual objections; (8) Other parties to the dispute transfer property at a low price; (nine) the parties give up their rights improperly; (10) Other situations where there may be false private lending litigation. Article 20 If the plaintiff applies for withdrawal of a false private lending lawsuit, the people's court shall not allow it, and shall make a judgment rejecting his request in accordance with the provisions of Article 112 of the Civil Procedure Law. If a litigant participant or any other person maliciously creates or participates in false litigation, the people's court shall, in accordance with the provisions of Articles 111, 112 and 113 of the Civil Procedure Law, impose fines and detention according to law; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility. If a unit maliciously manufactures or participates in false litigation, the people's court shall impose a fine on the unit, and may impose a fine or detention on its principal responsible person or the person directly responsible; If the case constitutes a crime, it shall be transferred to a judicial organ with jurisdiction for criminal responsibility. Article 21 If another person signs or seals the creditor's rights certificate or loan contract such as IOUs, receipts and IOUs, but fails to indicate that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed to be the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people's court will not support it. Article 22 Lenders and borrowers form a loan relationship through the online loan platform. The online lending platform provider only provides media services, and the people's court will not support it if the parties request it to assume the guarantee responsibility. The people's court shall support the online lending platform providers who explicitly provide guarantees for loans through web pages, advertisements and other media or have other evidence to prove that the lenders request the online lending platform providers to assume the guarantee responsibility. Article 23 If the legal representative or person in charge of an enterprise signs a private loan contract with the lender in the name of the enterprise, and the lender, the enterprise or its shareholders can prove that the borrowed money belongs to the legal representative or person in charge of the enterprise, and the lender requests that the legal representative or person in charge of the enterprise be listed as a co-defendant or a third party, the people's court shall allow it. If the legal representative or person in charge of the enterprise signs a private loan contract with the lender in the name of an individual, and the loan is used for the production and operation of the enterprise, and the lender requests the enterprise to share the responsibility with the individual, the people's court shall support it. Article 24 If the parties sign a sales contract as a guarantee for a private lending contract, and the borrower cannot repay the loan after the loan expires, and the lender requests to perform the sales contract, the people's court shall try the case according to the legal relationship of private lending, and explain to the parties the request to change the cause of action. If the parties refuse to change, the people's court shall rule to dismiss the prosecution. After the judgment made in accordance with the legal relationship of private lending becomes effective, if the borrower fails to perform the monetary debt determined by the effective judgment, the lender may apply for auctioning the subject matter of the sales contract to repay the debt. The borrower or lender has the right to request the return or compensation for the difference between the auction proceeds and the repayable loan principal and interest. Article 25 The people's court shall not support the lender's claim to pay interest during the loan period if the borrower and the lender have not agreed on interest. If the interest agreement between natural persons is unclear and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, if the agreement between the borrower and the lender on the loan interest is not clear, and the lender claims interest, the people's court shall determine the interest according to the contents of the private loan contract, the local or the parties' trading methods, trading habits, market interest rates and other factors. Article 26 If the interest rate agreed by the borrower and the lender does not exceed the annual interest rate of 24%, 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 27. The loan amount specified in debt certificates such as IOUs, receipts and IOUs is generally recognized as the principal. If interest is deducted from the principal in advance, the people's court shall confirm the actual amount lent as the principal. Article 28 After both borrowers and borrowers settle the principal and interest of the previous loan, they will include the interest in the principal of the latter loan and issue a new certificate of creditor's rights. 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. Twenty-ninth borrowers and lenders 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 the overdue interest rate is not agreed or clearly agreed, the people's court may deal with it according to different circumstances: (1) If neither the interest rate during the loan period nor the overdue interest rate is agreed, the people's court shall support the lender's claim that the borrower should pay the interest during the capital occupation period at the annual interest rate of 6% from the date of overdue repayment; (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. Article 33 After the promulgation and implementation of these Provisions, the Opinions on Handling Loan Cases by People's Courts (199 1) issued by the Supreme People's Court on August 3 shall be abolished at the same time; If the judicial interpretation previously issued by the Supreme People's Court is inconsistent with these Provisions, it shall no longer apply.