民间借贷系属私法之合同领域,合同关系之要旨体现于自由。从此角度出发,对民间借贷利息进行管制似乎违背了契约自由之精神。早在1816年,边沁的《为高利贷辩护》一书中就逐项批评了管制高利贷的理由。第一,“既然双方都出于自愿,为什么法律要管制借贷双方自愿设定的利率?”“为什么非金钱借贷的交易中法律不管制利 Private lending is a contractual area of ​​private law and the essence of the contractual relationship is embodied in freedom. From this point of view, controlling the interest on private lending and borrowing appears to violate the spirit of freedom of contract. As early as 1816, Bentham’s defense of usury criticized the rationale for controlling usury one by one. First, ”Since both parties voluntarily voluntarily, why does the law regulate the voluntary interest rate set by both lenders and borrowers?“ ”Why does the law not govern the trading of non-monetary loans?