Judicial Regulation of Interest in Financial Loan Contract

There are differences between financial loan contracts and private lending contracts in terms of subject matter and degree of control, and the former places more emphasis on the interests of both parties to the contract rather than the borrower. The contract of entrusted borrowing is not a financial borrowing contract. The regulation of interest on financial loan contracts should take into account both the maintenance of the principle of autonomy and fairness, and the need for financial services for the real economy. In the way of interest regulation, attention should be paid to the control of the total amount of interest, rather than the adjustment of the composition of interest. This is reflected in the fact that compound interest can be charged on the penalty interest under the total amount of interest in the financial loan contract. This total interest cap should still be determined by reference to the regulations on private lending.