The Study On Folk Credit Of Legal Regulation

With the development of market economy, the proportion of private economy in the localeconomy is gradually increased, and revitalize the local economy has been and will continueto play an important role. However, the development of the private economy has not ignoredthe problem-the role of the source of the money problem is becoming more and more serious,commercial Banks and other countries the formal financial tend to meet the big enterprise, therisk of a state-owned company, the small and medium enterprise of private economic subjectmicro financing channel serious not free, therefore, folk credit at present has become China’sprivate enterprise mainly financing channel. But for a long time, the country is in the financialsecurity of consideration and to the folk credit risk concerns, and has not in a system level inthe recognition and standard, folk credit has also been in the formal state financial "thesystem" operation. This long-term underground type operation, be sure to local economicsecurity and financial security caused serious influence, and even cause criminal harm socialstability. So, in recent years scholars of the legal regulations of folk credit to Folk credit ofregulatory system of the construction of research more and more attention, this paper is basedon this kind of reason, from the law to make a system level superficial studies to folk creditthe structure of the regulators put forward part of the specific Suggestions.This article is divided into four parts, each part brief description is as follows:The first part is mainly to the folk credit in the general theory elaboration, through to theChinese and foreign scholars about Folk credit the general theory of evaluation, summarizedthe basic concepts of our country folk credit; The basic characteristics of folk credit; Throughthe analysis of the theory of big three, and points out that the generation of folk credit logic, isthe transaction costs and informal advantage is the fundamental cause of folk credit; This part of the role of Folk credit a brief in this article.The second part, through to our country folk credit present situation and the existencequestion expression, pointed out that our country folk credit problems include the lack oflegal system, private-loan subject law, guarantee the simplification unknown way, the interestrate shall not reasonable and supervision and the absence of the main system, all of theseproblems can continue to our country folk credit legislation to regulate.The third part, this paper introduces the legal regulation in foreign folk credit like theUnited States, Japan and Taiwan’s concrete practice, this paper briefly introduces the legalregulation of the folk credit foreign experience; Next to the folk credit of the legal regulationsput forward some Suggestions of constructiveness, such as the folk of the main body of thelending laws of its affiliated enterprises; The marketization of interest rate and its limitations;Guarantee patterns of innovation is particularly pointed out that in the current investmentguarantee companies and joint guarantee some legal system construction.The fourth part is the construction of folk credit regulatory regime, but also the focus ofthis article. In this section, first construct the concept of the regulatory system, but also on thebasic idea of construction of the regulatory system plays a guiding role; Establish amulti-level and departments to coordinate well with each other regulatory body system.Finally, according to China’s current development status of the folk credit, the specificregulatory system, including market access system, the transaction registration system, thecredit rating system and risk monitoring and crisis management systems.In this article, a lot of facts and theories legal regulation of the path of our current folkcredit in a more detailed discussion, in order to benefit the folk credit as early as possibletoward the development path of the sun norms.