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复利是资本市场发展的自生产物,是资金供给经济规律的客观表现形式。对民间借贷复利的控制是一国金融抑制政策的表现,但面对当今资本市场的高速发展趋势,此种抑制政策的缺陷也逐渐浮出水平。《民间借贷司法解释》第二十八条对复利上限的规定实际上是对抑制政策的继续贯彻,已然不符合经济新常态的发展需要,需要对上限进行科学设定。
Compound interest is the self-generating product of capital market development and an objective manifestation of the economic law of capital supply. The controlling of compound interest in private lending is a manifestation of the financial repression policy of a country. However, in the face of the rapid development of capital market nowadays, the defects of such repression policy have also gradually emerged. Article 28 of the “Judicial Interpretation of Non-Governmental Loans and Lending” The stipulation of the maximum compounding interest rate is actually the continuation of the suppression policy, which is not in conformity with the development needs of the new normalcy of economy and needs to be scientifically set.