The Research On Civil Law Problems In Folk Lending

During five thousand years of Chinese history, the status of private lending, a kind of traditional folk lending financing way should not be overlooked. It develops and expands in its own way. Currently, in theoretical circle and judicial practice, the research of folk lending and the related civil law is not mature. So, the related material I can consult is also very limited, In my study I found that there are some defects and deficiencies in the civil law research of private lending. Mainly displays in these aspects:firstly, there are mistakes in the understanding of the folk lending itself, such as vague lending subject, and undefined categories and forms lead to difficulty of forming an uniform concept; secondly, influenced by Chinese traditional mind-set, people’s attitude to folk lending is absolute denial, and mostly the folk lending, raising funds illegally, absorbing public deposits illegally and other economic crimes will be confused. People did not give it legal status and awareness; thirdly, we could not find the problems of folk lending in civil law and can’t put forward the perfect proposal for the civil law of private loans regulation.Therefore, this article will mainly be expounded from the following five chapters. The first chapter is the introduction section. The second chapter firstly makes a right definition of folk lending and then analyzes the present situation and find causes for the problems folk lending. The third chapter, mainly from the aspects of lack of existing national civil legislation and conflict, interest rates, lending and false borrowing contract lawsuit will find out the main existing problems of folk lending in civil law. The fourth chapter, considering the civil law problems reflected in the third chapter, will put forward some specific suggestions from the legislation, system and risk prevention of contract. The fifth chapter is the conclusion part, focusing on a summary of the article as a whole.