Legal Regulation Of Entrusted Loans

In recent years, entrusted loan has experienced the rapid expansion due to the credit crunch. Because the commercial banks innovate overmuch and legal construction and supervision relatively lag behind, it is easily led to many legal risks and financial risks, even affect the real economy. In view of the development situation, the facing risks and the influence for entrusted loan, in this paper, entrusted loan was systematically studied, its present problems of legal and financial aspects was combed through comparative analysis, and regulatory and legislative suggestion were put forward combined with the current situation of the legal regulations.There are four chapters in this paper. The first is the summary of entrusted loan, in which the concept and characteristics are described, the re legal definition is made and the role is analyzed. The second is the comparative analysis between the entrusted loan and commercial loan, trust loan, private lending which further reveals the nature of entrusted loan. The third is the risks and current supervision situation of entrusted loan. In this chapter, the current facing risks are analyzed. There are legal risks which are mainly the involved in litigation risk and the loan contract invalid risk and financial risks which are mainly credit risk, operational risk and macroeconomic regulation and control risk. The fourth is the supervision and legal regulation of entrusted loan in which the suggestions about supervision and legal regulation are given. After definitely stating supervision value goals and principles in entrusted loan, some concrete measures of legal regulation and the corresponding punishment are put forward.The innovation of this paper is that entrusted loan is studied from the angle of financial supervision. One is that the necessity of entrusted loan is demonstrated under the condition of the legalization of private lending. The other is to avoid the risk of entrusted loan need to perfect relevant regulations.In the new period under the new situation, it hopes to provide a meaningful reference for supervision and legal regulation and to promote the healthy development of entrusted loan.