Legislation Of Private Lending

As a kind of economic behavior and phenomena, Private lending has existed in the social and economic history of several thousand years. This phenomenon has been widespread in countries. As an important way of social capital financing, private lending to achieve the optimal allocation of resources to meet the needs of the social capital. There is no doubt about the objective reasonableness of its existence.By research the basis of the concept, the features, and the development status of private lending, this article to analyze the pros and cons of private lending research explore our legal regulatory system, and get some further perfect views.The first chapter is overview of private lending, I define the concept, characteristics, development status, particularly manifestations and its pros and cons of private lending. The second chapter is about existing laws and regulations on the private lending. In this chapter I elaborate the drafting course of lending Ordinance and analysis of the problems of the existing regulations. In the third chapter, I explore the theoretical basis of the jurisprudence of private lending, from the point of view such as the public interest theory, financial vulnerability of doctrine, jurisprudence, civil and commercial law, in order to obtain the full support of the theory.According to the status of private lending and legal theory, the last Chapter suggest to draft special law for private lending. At the same time, we should revise and improve the existing laws and regulations, and establish a complete set of system, regulatory system, especially registration and management system. Then we can regulate the private lending in law.