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最高法严整高利贷砍头息!破解民营企业融资难融资贵顽疾
Bei Jing Shang Bao· 2025-08-10 11:23
Core Viewpoint - The Supreme People's Court has issued guidelines to address the financing difficulties faced by private enterprises, specifically targeting illegal lending practices such as "usury" and "head-cutting interest" [1][3]. Group 1: Legal Framework and Regulations - The guidelines emphasize the need to regulate financial institutions' lending behaviors and to lower overall financing costs for private enterprises [3]. - It mandates strict adherence to national financial management policies and encourages better communication with financial regulatory bodies [3]. - The guidelines aim to protect the legal rights of private economic organizations by preventing unilateral changes in loan conditions and ensuring fair lending practices [3][4]. Group 2: Impact on Private Enterprises - Private enterprises often resort to informal lending due to barriers in accessing formal financial channels, leading to exposure to "usury" and "head-cutting interest" [3][4]. - The guidelines are expected to directly protect the rights of private enterprises and guide capital towards healthier economic sectors [3][4]. - The issuance of these guidelines is seen as a necessary step to alleviate the financial burdens on private enterprises, particularly small and micro businesses [4][5]. Group 3: Recommendations for Financial Institutions - Financial institutions are encouraged to innovate financing supply mechanisms and improve credit allocation for private enterprises [5]. - There is a call for optimizing credit response mechanisms to enhance approval efficiency for loans [5]. - The guidelines suggest establishing a rapid response system for enterprise rights protection and promoting a market-oriented risk-sharing mechanism for financing [5]. Group 4: Credit and Trust Mechanisms - The guidelines propose the establishment of a credit punishment and restoration mechanism to manage trustworthiness among enterprises [5]. - It emphasizes the need to differentiate between "dishonesty" and "inability" and to implement a tiered approach to credit punishment [5]. - The guidelines advocate for flexible measures to support enterprises in rectifying minor credit issues without being listed as untrustworthy [5].
最高法重拳整治高利贷、砍头息,叫停银行“随意抽断贷”行为
Group 1 - The Supreme People's Court issued 25 specific judicial measures to address the challenges faced by the private economy, particularly focusing on the issues of "difficult and expensive financing" [1] - The "Guiding Opinions" aim to regulate illegal lending practices such as "usury" and "head-cutting interest," while also encouraging innovative financing guarantee models to support the development of the private economy [1][2] - The "Guiding Opinions" emphasize the need for legal protection of private enterprises' rights and interests against arbitrary loan practices by financial institutions, which can exacerbate the financial difficulties faced by these enterprises [3] Group 2 - The "Guiding Opinions" support the recognition of non-typical guarantees and the expansion of financing channels through supply chain financing, which is crucial for small and medium-sized private enterprises [4][5] - A long-term mechanism will be established to improve credit information sharing, allowing enterprises with a willingness to recover from setbacks to access financing opportunities [5] - The Supreme People's Court will collaborate with relevant departments to ensure timely updates of enterprise credit information, which is essential for preventing financing disruptions due to outdated information [5]
银行被禁止随意抽断贷
Core Viewpoint - The Supreme People's Court issued the "Guiding Opinions on Implementing the Private Economy Promotion Law," highlighting 25 specific judicial measures to address the challenges faced by the private economy, particularly focusing on the issues of "difficult and expensive financing" [2] Group 1: Financing Challenges - The "Guiding Opinions" aim to regulate illegal lending practices such as "usury" and "head-cutting interest," while also encouraging innovative financing guarantee models to inject legal momentum into the development of the private economy [2][4] - The "Private Economy Promotion Law," which took effect on May 20, emphasizes investment and financing promotion as a core component, addressing the persistent issue of "difficult and expensive financing" that hinders the growth of private enterprises [2][4] Group 2: Regulation of Illegal Lending - The "Guiding Opinions" explicitly regulate private lending order and impose strict penalties on illegal lending activities, which often lead to financial black and gray market behaviors [4][5] - A case study illustrates the severe consequences of illegal lending, where an individual borrowed 200,000 yuan but faced exorbitant repayment demands due to predatory lending practices, highlighting the need for regulatory measures [4][5] Group 3: Financial Institution Practices - The "Guiding Opinions" address the arbitrary practices of financial institutions, such as unilaterally increasing loan conditions or prematurely recalling loans, which can severely impact the operations of private enterprises [7] - A specific case demonstrates how a business faced a sudden funding crisis due to a bank's refusal to renew a loan, emphasizing the need for regulatory oversight to protect the rights of private enterprises [7] Group 4: Expanding Financing Channels - The "Guiding Opinions" focus on expanding new financing guarantee methods, supporting private enterprises in utilizing supply chain and industry chain resources to secure financing [9] - The document emphasizes the legal recognition of non-typical guarantees, which can help small and micro private enterprises access credit financing more effectively [9] Group 5: Long-term Mechanisms - The "Guiding Opinions" call for the establishment of long-term mechanisms to improve credit information sharing, ensuring timely updates to corporate credit information to facilitate normal financing [9] - Collaboration between the Supreme Court and relevant departments is emphasized to maintain and update enterprise credit information, providing opportunities for businesses to recover from financial setbacks [9][10]
银行被禁止随意抽断贷
21世纪经济报道· 2025-08-09 09:09
Core Viewpoint - The article discusses the Supreme People's Court's issuance of the "Guiding Opinions on Implementing the Private Economy Promotion Law," which aims to address the challenges faced by the private economy, particularly focusing on the issues of "difficult financing and expensive financing" through 25 specific judicial measures [1]. Group 1: Financing Challenges - The "Guiding Opinions" specifically target the regulation of illegal lending practices such as "usury" and "head-cutting interest," while also standardizing the lending behavior of financial institutions and encouraging innovative financing guarantee models [1][3]. - The article highlights that the "Private Economy Promotion Law," which took effect on May 20, 2023, emphasizes investment and financing promotion as a core component, addressing the persistent issue of "difficult and expensive financing" that hinders the growth of the private economy [1][3]. Group 2: Regulation of Illegal Lending - The "Guiding Opinions" aim to regulate private lending order and impose strict penalties on illegal lending activities, which often lead to financial black and gray market behaviors [3][4]. - A case study is presented where an individual faced severe financial exploitation through illegal lending practices, illustrating the detrimental impact of such activities on private enterprises' financing costs and overall order in private financing [4][5]. Group 3: Financial Institution Practices - The document addresses the need to regulate financial institutions' unilateral actions, such as increasing loan conditions, halting loan disbursement, and prematurely recalling loans, to protect the legitimate rights and interests of private economic organizations [5][6]. - The article cites an example of a business owner who experienced a sudden withdrawal of credit, exacerbating their financial difficulties, highlighting the need for stricter regulations to prevent such practices [5][6]. Group 4: Innovative Financing Solutions - The "Guiding Opinions" focus on expanding new financing guarantee methods, supporting private economic organizations in utilizing supply chain and industry chain resources for financing [7][8]. - The article emphasizes the importance of recognizing the legal validity of non-typical guarantees, which can help private enterprises effectively leverage their asset resources for credit financing [7][8].
男子陷“以贷养贷”,借款1741.58万,还款2887.6万!6名放贷者被刑拘
券商中国· 2025-07-10 14:54
Core Viewpoint - The article highlights the alarming case of a Wuhan citizen, Mr. Gao, who fell into a cycle of debt after taking out a loan of 200,000 yuan, leading to a total borrowing of 17.4158 million yuan and repayments of 28.876 million yuan, yet still being told he owes over 4.7 million yuan [1][8][12]. Group 1: Loan Details - Mr. Gao initially borrowed 200,000 yuan but received only 188,000 yuan after deducting fees, which is a common practice known as "head-cutting interest" [4][6]. - The first loan led to immediate pressure to repay 41,000 yuan, and due to financial constraints, he was encouraged to take new loans to pay off old ones [5][6]. - Over time, Mr. Gao took approximately 100 loans, resulting in a total borrowing of 17.4158 million yuan and repayments of 28.876 million yuan, with a remaining debt of over 4.7 million yuan [8][12]. Group 2: Legal Implications - Six lenders have been detained for illegal business practices, with some facing serious charges under the law [9][12]. - The average interest rates on these loans were reported to be over 500 times the legal limit set by the government, which has recently changed to be based on the LPR index [12][13]. - The article emphasizes that practices like "head-cutting interest" and "trap loans" are targeted by law enforcement, with offenders facing potential prison sentences of five years or more [13].
借贷宝出事!昔日“新三板首富”继续下坠
凤凰网财经· 2025-03-20 12:55
以下文章来源于无冕财经 ,作者无冕财经团队 来源|无冕财经 作者|杨一轩 编辑|陈涧 远离公众视野数年的借贷宝,再次引发口诛笔伐。 据今年的央视315晚会曝光,有人经由借贷宝平台借款5000元,7天就要额外付出1500元利息,实际年化利率高达2234.69%。 一同曝光的还有人人信。它们都是利用电子签撮合借钱双方,但几乎不监管,导致"套路贷""砍头息"层出不穷。 无冕财经 . 奉守"专业主义,内容为王",为优质的商业阅读而生。多次获评"年度财经自媒体",入选胡润百富"广州最值得投资的企业"榜单50强,广州市新阶联自媒 体分会副会长单位,入驻全网20多个平台,覆盖1000万+商务人群,中国财经新媒体的中坚力量之一。 舆论讨伐之下,借贷宝似乎吸引到更多"炮火",主要在于其背后隐身的资本大佬。 3月16日,九鼎投资 (600053.SH)发澄清公告,称与借贷宝所属公司不存在股权控制关系。 但九鼎系另一家公司九鼎集团 (430719.NQ)遭到监管问询,要求其说明与借贷宝所属公司间发生的股权转让款事项。 曾凭借九鼎集团千亿市值跻身"新三板首富"的吴刚,因九鼎系没落及自身被罚,已久未露面,但穿透股权发现,借贷宝与吴刚之 ...