关键词: 民间借贷, 利息规制, “两线三区”标准, 显失公平

Abstract: As the current rules, the “two lines and three zones” standard has the defects that lack of flexibility, insufficient deterrence against usurious loans, and easily circumvented. Under the circumstances of a higher legal interest rate, the problem of insufficient protection for borrowers is particularly acute. In order to make up for the shortcomings of the “two lines and three zones” standard, under the existing rules, the rule of “significant unfairness” can be introduced to coordinate with the “two lines and three districts” standards to jointly regulate the interest of private lending;in order to determine whether the interest on the loan is unfair, the court can use the annual interest rate of 24% as the benchmark,at the same time, the idea of dynamic system theory could realize the interaction of subjective and objective elements;the interest regulation of private lending has the dual objectives of policy regulation and victim relief,the realization of the former depends on the cooperation of the executive and the legislature. The judiciary should get out of the policy control task and focus on the relief of the victim. In this process, the rule of “significant unfairness” will play a major role, and the “two lines and three zones” standard will exit the stage of history or only exist as an auxiliary standard.

Key words: private lending, interest regulation, “two lines and three zones” standard, significant unfairness