拒绝“砍头息”！这份审判白皮书对民间借贷风险“划重点”

Core Insights - The increasing frequency of private lending activities and related disputes is highlighted, with a significant rise in cases reported by the Nanjing Gaochun District People's Court from January 2022 to August 2025 [1][2] Group 1: Case Statistics - Over 3,000 private lending cases have been adjudicated by the Gaochun Court from January 2022 to August 2025, with 1,039 cases filed in the first eight months of 2025 alone, accounting for 21.48% of civil and commercial cases during that period [2][5] - The total amount involved in these cases reached approximately 511 million yuan [2] Group 2: Demographics and Characteristics - The majority of private lending participants are aged between 51-60 years, with a smaller portion being 18-30 years and those over 70 years [4] - Many lending cases are linked to traditional industries such as construction and shipping, which are capital-intensive, as well as the crab farming industry in Gaochun, which requires significant investment [4] Group 3: Legal Challenges and Court Actions - The court has identified complexities in cases involving illegal loan practices, such as extracting loans from financial institutions and issues related to "head-cutting interest" [4][5] - A notable case involved a borrower who paid an upfront interest fee, which the court deemed as "head-cutting interest," thus reducing the recognized loan amount [4] Group 4: Regulatory Measures - The Gaochun Court is implementing measures to regulate the private lending market, including strict penalties for illegal lending practices such as loan sharking and false litigation [5] - The court emphasizes adherence to the Civil Code's prohibition of high-interest loans and the legal interest rate cap [5] Group 5: Risk Prevention Recommendations - The court advises on risk prevention strategies, including verifying identity information, documenting loans with written agreements, and using traceable payment methods to reduce disputes [7] - It is recommended to avoid cash transactions, especially large amounts, and to ensure that interest agreements comply with legal standards [7]