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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].
银行被禁止随意抽断贷
2 1 Shi Ji Jing Ji Bao Dao· 2025-08-09 09:12
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]