Be in what the Central Bank applies since March 1, 1999 " the bank blocks business government measure " the 22nd regulation, "Hairpin bank writes down calorie of person that hold card to did not repay to borrowing lowermost reimbursement specified amount and the action that transcend line of credit to use card, ought to not return the part, 5 ％ collection that exceeds share of line of credit by lowermost reimbursement specified amount respectively fine for delaying payment and super- be restricted to expend. " the 23rd regulation also sets, "Borrow write down card to overdraw to record recover profit by the month. " these two regulations, also be collection of Nanjing bank credit card the highest basis of answer breath and fine for delaying payment.

The focus of whole law case also is depending on this. Luo Lijun of lawyer of the accused representative thinks " the bank blocks business government measure " it is sectional regulations, not be the basic law on firm sense. And basis " commercial banking law of People's Republic of China " (edited 2003) regulation, the commercial bank can call in to borrower only expire the capital of loan and accrual.

He thinks, " the bank blocks business government measure " medium fine for delaying payment the legal concept of this one name is to point to the executive authority that has administration to collect function, in the process that collects compasses fee, because obligor pays compasses fee tardily, and the money of accept of diplomacy requiring the specified amount. It is regarded as a kind of punishment to be administration. The legal position of the bilateral principal part that its involve is imparity, a kind of management and the concern that are run are between them. But, the commercial bank is equal and civil main body to concern with the person that hold card, not be an executive authority, have no right fine for delaying payment of collection of authority of exercise administration punishment. Compound interest of commercial bank collection, fine for delaying payment disobeyed a commercial bank to call in to borrower lawfully expire the capital of loan and accrual, accept the provision that law protects. Since the article in sectional regulations breaks the law, with respect to the support that cannot win law.

" daily economy news " understanding arrives, the supreme court ever overdrew to credit card the computational method of accrual makes an explanation, say credit card overdraws accrual ought not to be calculated again compound interest. But the reporter understands, of its basis " credit card business runs temporary measure " at present already invalidation. So, is the explanation that makes before the supreme court significant still?

Luo Lijun expresses to the reporter to this: "" temporary measure " already invalidation, but the judicatory explanation of highest courtyard, do not have invalidation. According to " the regulation that top people court works about judicatory explanation " the judicatory explanation that provides top people court the 5th times to release, have legal effectiveness. If sectional regulations and law have conflict, it is with law accurate. In addition, " commercial banking law of People's Republic of China " thirtieth 7 in also stipulated commercial bank loan ought to conclude with borrower written contract. Because the any other business that the contract ought to agree means of deadline of utility of loan sort, loan, amount, interest rate, reimbursement, reimbursement, responsibility of breach of contract and both sides think to need to agree set interest rate only in byelaw, is not compound interest, overdraw about credit card the judicatory explanation of the computational method of accrual, do not have invalidation. This clause violated on purpose legal provision, applicable to holding calorie of person not to answer. So Wang Chao should return amount also is capital 7884.05 yuan and accrual 7884.05 × 0.0005 × 900=3547.82 yuan. So Wang Chao should return amount also is capital 7884.05 yuan and accrual 7884.05 × 0.0005 × 900=3547.82 yuan..
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