Abstract:
Private lending is often subject to state intervention for its involvement in credibility and social order. State intervention prefers to be focused on interest rate control, and frequent alteration in interest rate will shanke the economic order. Our country adopts judicial intervention in private interest rates, which is often affected by financial interest rate policy.The dual norms of judicature and administration on private lending interest rates have exacerbated the confusion of financial institutions and other financial organizations and triggered divergence in academic circles.This has led to differences in the application of interest rate caps,which have affected the judicial requirements of consistent judgments to similar cases and the stability of verdicts. Observe the state intervention history in private lending interest rates and its pattern, and look for the purpose of judicial intervention in private lending interest rates and the internal relationship between the adjustment of interest calculation methods and policy changes. From the perspective of protecting capital security and dealing with the confusion caused by changes in regulations, complying with 4 times of LPR as the normal adjustment method and adopting “4 times of LPR plus the fixed ceiling” can not only alleviate the interest imbalance caused by the adjustment of private lending interest rate caps, but also reduce the negative effects of the application of the new regulations and eliminate the unpredictability of loan order caused by the frequent adjustment.