On Interest Rate Regulation of Chinese Private Lending

ZHANG Shipeng

PDF
Export
Share
Collection
Album

On Interest Rate Regulation of Chinese Private Lending

Volume 1, Issue 1

Views: 0 Downloads: 0

On Interest Rate Regulation of Chinese Private Lending
On Interest Rate Regulation of Chinese Private Lending
East China University of Science andTechnology
Vol. 1, Issue 1, Pages: 85-98(2017)
DOI：
Accepted：

Scan QR Code

ZHANG SHIPENG. (2017). On Interest Rate Regulation of Chinese Private Lending. Journal of Commercial Law Review, 1(1), 85-98..
DOI：

ZHANG SHIPENG. (2017). On Interest Rate Regulation of Chinese Private Lending. Journal of Commercial Law Review, 1(1), 85-98.. DOI：

摘要

Abstract

China s and relevant judicial interpretations have stipulated the current annual interest rate ceiling for private lending in China is 24%

and the interest in the 24% - 36% can be performed voluntarily by the debtor. However

there are many defects in this standard. As a legal norm

it has not been universally observed in practice. The reason is that this standard aggravates the difficulty of financing for the small-and-medium-sized private enterprises in China

and on the other hand

it sacrifices the initiative of the judiciary. From the comparative method

there are two ways to regulate the interest rate of private lending in different countries: one is to regulate the mode of interest rate ceiling

while the other is to identify the free mode of interest rate determined by the main market players. China s current regulation method belongs to the former one. Nevertheless

China should take the following three aspects in to consideration: conforming to the development trend of the regulation of the interest rate of private lending

balancing the value demands of anti-usury legislation

and giving consideration to the reality of China. Furthermore

the relevant legislation of China s private lending should eliminate the interest rate ceiling

increase the judicial review of individual cases

and regulate private lending with the mode of free interest rate.

关键词

Keywords

private lendinginterest rate ceilingregulation modefree modejudicial review

references

1.Yao Wenyi. Is It Sustainable as Qudian Submit an Application for IPO? . Sina,tech.sina.com.cn/i/2017-09-19/doc-ifykymue7244608.shtml; Caijingmao. QD Were Listed for Two Days: The Rising Stock Price, the Capital Revelry, andthe Negative Questioning of Public Opinion . http://stock.hexun.com/2017-10-20/191305686.html.2.Jiang Ping. The Ups and Downs: A Self Narration of Past 80 Years. Collected byChen Xiahong. Beijing: Law Press, 2010, p. 291.3.Bentham, Jeremy. Defence of Usury. McMaster University Archive for theHistory of Economic Thought, 2006, p. 2.4.Wang Linqing. Legal Regulation of the Interest Rate of Private Lending:Comparison and Reference . Journal of Comparative Law. Vol. 28, no. 4. 2015,pp. 185-200.5.Zhou Feng. Reading the Qudian Prospectus: Going Public and UncertainFuture . Sina, tech.sina.com.cn/i/2017-09-20/doc-ifykywuc8233242.shtml6.Yue Caishen. The Emphasis of the Regulation of Private Lending and theLegislative Proposals . China Legal Science. No. 5. 2011, pp. 84-85.7.Ramsay, Iain. To Heap Distress Upon Distress? Comparative Reflections onInterest-Rate Ceilings, 60 U, Toronto L.J. 707.8.Xu Defeng. On the Control of Interest: Also on the Socialized Consideration ofPrivate Law . Peking University Law Review. No. 1. 2010, pp. 181-83.9.Li Jinzheng. Interpretation of Usury : Based on the Investigation of RuralChina in Modern Times . Social Science Front. No. 9. 2016, pp. 93-140.10.He Jun. The Criminal Law Regulation of Campus Loan . Journal of SoutheastUniversity (Philosophy and Social Science Edition). Sect. 1, 2017.11.Huang Bo and Liu Junqi. Can Interest Rate Marketization Solve the Problem ofFinancing for Small-and-micro Enterprises: Analysis on the Perspective ofBehavioral Finance . Economic Theory and Business Management. Vol. 36, no.1. 2017, pp. 55-67.12.Zhao Lixing. On the Injunction of Usury in the Middle Ages and Its SocialBasis . History Teaching. No. 10. 2001, pp. 16-20.13.Pushee,?v.?Johnson. 123 Fla. 305, 166 So. 847, 849 (1936).14.Wyatt Martin, Jarret C. Oeltjen, Anthony A. B. Dogali. Introduction to UsuryLaw, 2006.15.Edit article, Lending: Useless Usury Laws . TIME MAGAZINE, Sep. 12,2011.16.Tang Ke. The Evolution of Interest Lending in Early Modern England . WorldHistory. No. 3. 2016, pp. 61-73.17.Medicus, Dieter. General Theory of German Civil Law. Translated by ShaoJiandong. Beijing: Law Press of China, 2001, pp. 538-45.18. Oeltjen. Usury: Utilitarian or Useless? 3 Fla.St.U.L.Rev. 167 (1975).19. Smith, Reginald Heber. Rethinking Usury Laws, Annals of the AmericanAcademy of Political and Social Science . Vol. 196, Consumer Credit, Mar.,1938, pp. 189-92?.20. Berman, Harold J. Law and Revolution: The Formation of Western LegalTradition, Beijing: Encyclopedia of China Publishing House, 1993, pp. 308-09.21. Hynes, Richard and Posner, Eric. The Law and Economics of ConsumerFinance . 2002 4 Am.L. & Econ.Rev. 162 at 176.22. Edit article, Lending: Useless Usury Laws . TIME MAGAZINE, Sep. 12,2011.23. Mao Yushi. Encourage Everyone to Usury . View Financial Bank &Customer. No. 21, 2011, p. 28.

Alert me when the article has been cited

Submit

No data

Related Author

No data

Related Institution

No data

⁰