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| Reply of the Supreme People's Court regarding the Suggestions on Revising the Provisions on Loan Interest Rate as Prescribed in the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Private Lending Cases | | 最高人民法院关于修改《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》中关于借款利息规定的建议的回复 |
| Mr. Shen Xuebing: | | 沈雪冰同志： |
| The Suggestions on Revising the Provisions on Loan Interest Rate as Prescribed in the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Private Lending Cases (hereinafter referred to as the “Suggestions on Loan Interest Rate”) have been well received. After studying your suggestions, our reply is as follows: | | 您寄来的《关于修改＜最高人民法院关于审理民间借贷案件适用法律若干问题的规定＞中关于借款利息规定的建议》（以下简称《借款利息建议》）收悉。经研究，回复如下： |
We would like to sincerely thank you for your analysis and suggestions, which fully indicate that you have paid close attention to this judicial interpretation and have been highly concerned about the trials of the people's courts. In the Suggestions on Loan Interest Rate, you have combined your own experiences and practices, analyzed the issues regarding interest rate in Article 26 | | 您在《借款利息建议》中紧密结合自身工作，分析了《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》第二十六条关于利率规定存在的问题、修改理由等，并以此为基础提出了对该条进行修改的建议。您的这些分析和建议，充分体现了您对这一司法解释规定的重视和对人民法院审判工作的关心。在此，向您表示衷心感谢。 |
Since the reform and opening-up, China's market economy has been increasingly flourishing, and various types of market players have growing demands for funds. As a reasonable supplement to the formal financial system, private lending has, to a certain extent, satisfied some requirements for social financing, improved the self-adjustment and adaptability of economic operations, and played a positive role in expanding financing channels and promoting rapid economic development. In the meanwhile, the number of private lending cases accepted by the local people's courts across China has increased year after year and embarked on a steep rising trend, thus posing an enormous challenge to the civil trial practices of the people's courts. After studying the new circumstances and new problems in hearing private lending cases, continuously drawing on experiences in trial practices, and soliciting the opinions of other relevant departments, the Supreme People's Court issued the Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in Hearing Private Lending Cases on August 6, 2015. The issuance and implementation of this judicial interpretation is an important milestone in the process of unifying judging standards, improving legislation for private lending, and encouraging private lending to develop in a standardized way. Further, the Provisions have played a significant role in guiding our trial practices.
．．．．．． | | 改革开放以来，我国市场经济日益繁荣，各类市场主体对资金的需求日益增加。作为正规金融合理补充的民间借贷，一定程度上解决了部分社会融资需求，增强了经济运行的自我调整和适应能力，在拓宽融资渠道、推动经济较快发展方面发挥着积极作用。与此同时，全国各地人民法院受理民间借贷案件数量逐年递增，并呈现出“井喷式”上升趋势，给人民法院民事审判工作带来巨大挑战。我院在深入研究民间借贷案件审判工作中新情况新问题，不断总结审判实践经验，充分征求院外相关部门意见的基础上，于2015年8月6日发布了《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》，这一司法解释的颁布实施，为统一裁判标准、完善民间借贷立法、促进民间借贷规范发展的进程中迈出了重要一步，在审判实践中发挥着重要指导作用。
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