A Study On The Legal Supervision System Of China 's Civilian Loan

Private lending has become increasingly active, to a certain extent, meet the demand of the part of the social financing, especially to relieve some of the micro, small and medium enterprises financing difficulties, while maximizing the capital use to promote the development of social economy. But private lending is also a double-edged sword, because the current legal system in China, no special laws and regulations against private lending, private lending lack of policy guidance and legal norms, has become a breeding ground for illegal absorbing public deposits, fund-raising fraud, such as a hotbed of illegal and criminal behavior, become a disturbance of economic and financial order, affect social stability. On September 1,2015, promulgated by the Supreme Court of the supreme people’s court on some issues of applicable law in private lending cases regulations (hereinafter referred to as the "new folk lending rules") began formal implementation of the regulations, a total of 33, in private borrowing definition, lending interest rates, corporate lending, private lending the effectiveness of the contract, the responsibility of the P2P platform has made new requirements on; The folk lending in 1991 after the promulgation of new regulations "opinion" shall be repealed simultaneously at the same time. Private lending new regulations enacted complied with the new situation of financial markets, also accord with the requirement of judicature practice work, to regulate private lending activities have important practical guiding significance, at the same time, it will again folk lending market legal regulatory issues to the forefront.Due to a lack of systematic regulation of the legal regulation system for private lending activities, frequent private lending crisis in our country, at the same time, private lending market supervision status and there are many deficiencies, such as:legislation about civil solutions fragmented and scattered, lack of the regulation subject vacancy, regulatory content, etc. Private lending market is a national economic development to a certain degree of necessary as a result, the healthy development of the private lending market development deformity can put an end to private lending market and turned into a hotbed of illegal and criminal activities, also can solve the small and medium-sized enterprise, individual industrial and commercial households and other borrowers are in urgent need of money, but private lending market inherent profits, therefore, the healthy development of the private lending market still needs the strong legal regulation in order to avoid the malformed development. To explore the legal supervision system of private lending market has important practical significance, on the one hand, can coordinate the folk finance and formal finance in our country, the position and functions of the financial system, on the one hand can make through the regulation of private lending market to the healthy and benign development of the regulatory effects, in order to promote the beneficial and abolish the harmful, guide and standardize the development of private lending, to better contribute to promote the national economy and social progress.