Study On Legal Regulation Of Private Lending In China

Private lending has become increasingly active, to a certain extent, meet some financing demand, especially some small and medium-sized micro-enterprise financing difficulties, at the same time promoted the development of social economy. But private lending is also a double-edged sword, because our country present legal system fail to private lending special laws and regulations, and lack of private lending policy counseling and legal standard, has become a breeding illegal absorption public deposits, collect money fraud crimes such as a hotbed of, be disturb the economic and financial order."Wu Ying case" caused the concern of scholars on private lending supervision legal issues. Although there are many scholars of private lending regulatory problems in a deep and detailed study, but research mainly concentrated in the finance and economics, legal field of private lending research is still in its initial stage. Today, the lenders regulations still can not come on stage, this means that the private lending supervision legal problems research is a value, new topics. This paper is divided into four chapters as follows:The first chapter "private lending regulatory overview", to introduce the concept of our country private lending regulatory and the concept, extension, characteristics of private lendingThe second chapter "extraterritorial private lending and its legal system for the supervision for our reference", mainly through the extraterritorial private lending related supervision legal system to the corresponding introduction and analysis, in order to complement each other to perfect our country’s legal system for the supervision of private lending a better reference.The third chapter "our country private lending regulatory legislation and the legal issues", analyzed our country private lending regulatory legislation and the legal problems, including private lending legal supervision legal behind economic development and policies; private lending regulatory related laws lack; legal norm dispersion and no system; laws and regulations lack of operability and coordination. These problems are urgently needed through perfect our country’s legal system for the supervision of private lending to be standard.The fourth chapter "perfect our country’s legal system for the supervision of private lending countermeasures", is the focus of this paper, the author put forward some advice and suggestions to perfect our country’s legal system for the supervision of private lending. That is in reasonable positioning our country private lending based on the legal status, through the special legislation and the revision of the current law, speed up the legal system for the supervision of private lending legislation process, the transformation supervision idea, perfect supervision mechanism of private lending, and perfect the legal system for the supervision of lending support private supporting system.Private lending although is a double-edged sword, but generally speaking, private lending is not only beneficial to the lender and the borrower to a kind of financing way, the more good than harm. The conclusion is:the private lending legal system for the supervision is imperative, from the legal level based on private lending behavior of the effective supervision and restriction mechanism, is to lessen the risk of private lending. Only in the legislative antecedent condition, perfect the relevant legal system, can clear regulation subject, object and the principle of supervision, regulators regulatory behavior can work. In the legal system for the supervision of private lending the concrete construction, shall establish a perfect supervision system on the basis of existing, through legislation and a change in the law that private lending with existing legal system for the supervision of the supervision system smooth coordination and cooperation, realize the purpose of supervision. In the perfect our country’s legal system for the supervision of private lending advice, as my level is limited, the concrete system design is only give a frame, the argument is not careful, expects theoretical research can step closer in future.