Study On The Legislation Of Private Lending In China

With the development of reform and opening up and socialist market economy, the importance of the private economy in China’s economy increasingly prominent, in economic development, employment and played a positive role in promoting, and accompanied by the development of the private economy to grow at the same time, the lack of funds, financing difficulties and other problems also emerge as the times require. At the same time, the state of formal financial institutions based on safety factors on the financing of small and medium-sized enterprises set up strict conditions, and make them not as smooth as the financing of large state-owned enterprises, and the borrowing is simple and fast, but are able to satisfy their rapid financing needs, therefore, private lending has become the major financing channel of small and medium-sized private enterprises in China the. However, for a long time, the country is in the finance safety, take strict control measures to the folk finance, the legitimacy of private lending has not been legally recognized and specification, running state of private lending has been in a "in vitro", not be to accommodate the nation’s financial system. If our country folk lending continues to run the "in vitro", will influence the sustainable development of China’s economy, social stability and crisis.The basic way to solve the folk debit and credit problem in China lies in the formation of the incentive system through the legal innovation, guide the optimization of financial resource allocation. But the folk lending legislation is an important aspect of the indispensable. In recent years, scholars are paying attention to legal rules on borrowing, but does not pay enough attention to the study of folk loan law. In view of this, based on the United States, Japan, South Korea, reference point, Hongkong region legislative experience, combined with China’s current practice of private lending, private lending law legislation.This paper is divided into three parts. The first part mainly analyzes the necessity and feasibility of China establishing special borrowing method. The first part mainly from our country folk loan status and problems, China’s private lending legislation present situation and the problems of foreign legislative experience, to our country, expounds the necessity of making borrowing method; then from the policy basis, theoretical basis and social consensus respectively expounds feasibility of folk lending law legislation in china. The second part mainly expounds the principle of legislative purpose of folk loan legislation and should follow, only adhere to the purposes and principles of the legislation will not deviate from the original intention, consistency, uniformity of the law. The third part is the key part of this article, mainly expounds the main contents of folk loan law in our country, respectively from the concept of private lending and legal position, rights and obligations, the subject of lending and borrowing principles, folk lending rates and regulatory system of private lending to build several aspects put forward its own proposals.