| Folk credit can effectively use private idle funds, solve the financing difficult problem of small and medium-sized enterprises and promote the economic development. However, law system on folk credit is not complete in our country, related laws lack of coordination and unity. At the same time, the legal supervision department is vacant. Folk credit exists some negative influence, faced with legal risk in public law and the private law. So we must take effective measures to prevent the legal risks. It is very important to guide it healthily development. We need improve folk credit in organizational and standardization degree, effectively prevent the legal risks, build the law system on folk credit and improve the public’s consciousness against the legal risk. It’s necessary to strengthen guidance and management, adhere to the monitoring and self-discipline construction combined. This article is divided into three parts, each chapter briefly as follows:Part1:Based on the introduction of "the case of Sun-da wu", the paper causes us to thinking about the folk credit problem. And it analysis current situation of the folk credit from both theoretical and practical aspects.Part2:The paper points out two legal risks about folk credit from private law and public law respectively. The risk of private law includes the rule of autonomy restriction, the principle of honesty and credit restriction and the public’s limited legal; the risk of public law includes:the judgment standard is fuzzy between folk credit and related economic crimes and so on.Part3:It points out the legal risk prevention path of folk credit and this is the focus of the article. It mainly consists of six aspects:Study foreign experience; Clear distinguish standard between folk credit and related economic crimes; Innovation supervision mode; Construct the self-regulatory organization of folk credit; Establish folk credit monitoring system; Strengthen the legal propagation and improve the public’s consciousness. |
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