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| Calculation of Debt Interest during Delayed Execution Period from Legal Perspective |
| HE Gui-hua, MA Qian-hui |
| Law School of Chang’an University, Xi’an, Shanxi, 710068 |
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Abstract With respect to the debt interest during delayed execution period, the civil procedure law has made provisions, but they are not very detailed. “Explanation on Several Questions of Law Application in Interest Calculation on the Debt during Delayed Execution Period in the Execution Period” issued by Supreme People’s Court defines base number, interest rate and time limit, but the issues like general debt interest, coterminous rate, time limit, and whether legal costs and other expenses are included in base are not settled. “On Judicial Interpretation of the Applicability of the Civil Procedure Law” issued by Supreme People’s Court does not give definitive answers to the above questions. To figure out the problems, we have to proceed from the following aspects: interest of general debt should not be included in base number; legal costs such as case acceptance fees should be treated differently; appraisal cost and other expenses should be included in base number; coterminous rate is provided at 0.0175% per diem; deferred debt interest should be paid double even if it is not stated in effective legal documents; the deadline during delayed execution period should be determined according to the date when the executor get the money; the delayed execution period should be calculated by days.
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Received: 06 February 2016
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[1] 卢君,袁烈彬,肖瑶.基数、标准、期间：迟延履行期间利息计算的三个维度[J].人民司法,2013,(2):104~107.
[2] 于振库,韩彧博.浅析迟延履行利息的计算[J].黑龙江省政法管理干部学院报,2011,(1)：119~122
[3] 江必新,刘贵祥.最高人民法院关于执行程序中计算迟延履行期间的债务利息司法解释理解与适用[M].北京:人民法院出版社,2014.32.
[4] 黄文艺.执行迟延履行利息难点问题探析[J].人民司法,2012,(13):108~111. |
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2016, Vol. 33 
