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Whether private usury can be prosecuted

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Whether private usury can be prosecuted


        

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  • 2024-06-06 07:00:03

    Private usury can be sued, but the court will not support the part where the loan interest rate exceeds four times the quoted interest rate of one-year loan market when the contract is established.

    Usury refers to the loan whose interest rate is higher than the legal maximum interest rate. Usury is prohibited by law and is not protected by law. According to the law, the lending interest rate shall not exceed four times the market quoted interest rate of the one-year loan when the contract is established. Those exceeding this standard are usurious loans.

    The prosecution must meet the following conditions:

    1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

    2. There are definite defendants;

    3. There are specific claims, facts and reasons;

    4. It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.

    The court proceedings are as follows:

    1. Go to the people's court to file an application to the court.

    2. After the filing hall reviews that the case meets the conditions for filing, and the case is approved for filing, the filing court will issue a notice of filing, and pay the litigation fees on the basis of the notice of filing. The court formally accepted the case.

    3. After accepting the case, the case filing court of the court shall transfer the case to the civil court for trial.

    4. After the civil court accepts the case, it shall issue a summons to both parties to notify the court time.

    5. After both parties appear in court, the court will mediate.

    6. The court made a judgment through hearing.

    [Legal Basis]

    Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of borrowing may not violate the relevant provisions of the State.

    If the loan contract does not stipulate the payment of interest, it shall be deemed that there is no interest.

    If the loan contract does not clearly stipulate the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or parties' trading methods, trading habits, market interest rates and other factors; Borrowings between natural persons shall be deemed as interest free.

    h***

    2024-06-06 07:00:03

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