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我国民法通则第90条规定:“合法的借贷关系受法律保护。”保护债权人和债务人的合法权益,历来是人民法院的一项重要任务。随着改革、开放、搞活政策的深入贯彻,商品经济的飞速发展,民间借贷活动进一步活跃,诉讼到人民法院的债务案件也明显上升(“债务”案件的内容比较广泛,这里指的是借贷纠纷),而且反映出一些新的特点,其主要表现为:一是数额大,借贷金额少则千元,多则几万元;二是利息高,除少数私人之间借贷不计息外,绝大多数不仅计息,而且都高于当地当时银行贷款的最高利息,一般都在月息5％以上,最高的则达到8％,甚至10％以上;三是借贷的形式多样,有的以现款出借,以实物偿还。有的借贷行为不仅在私人之间进行,有时还以集
Article 90 of China's Civil Law stipulates: “Legitimate lending and borrowing is protected by law.” The protection of the lawful rights and interests of creditors and debtors has always been an important task of the people's court. With the deepening implementation of the reform, opening up and invigoration policies, the rapid development of the commodity economy and the further activation of the private lending and borrowing activities, the number of debt cases litigated to the people's courts has also risen markedly (the “debt” case is more extensive in scope, referring to the loan disputes ), But also reflects some new features. The main features are as follows: first, the amount is large, the amount of borrowing is less than one thousand, and the amount is tens of thousands of yuan; the second is the high interest rate, with the exception of a few private lenders Most are not only interest-bearing, but also higher than the local bank loans at the highest interest rates are generally monthly interest rates above 5%, the highest is up to 8%, or even 10% or more; third loan diversification in various forms, and some in cash Lend, pay in kind. Some lending behavior is not only in private, sometimes set