The Extraterritorial Experience Of Moneylender And Tis Inspiration On China

In recent years, with a wide range of folk lending market crisis, exposed our country folk lending activity widespread lack of normative guidance and "usury" problem. Everyone wants to come as soon as possible the Moneylenders Ordinance. Lending activity is an important part of informal finance, in the formal financial institutions cannot meet the demand for loans, informal finance is with the advantages of its lending procedures simple, fast and make up for the blank. Moneylenders are natural persons and legal persons or other organizations, to make loans to most people. The legislative model of moneylender still being studied.The relatively mature countries and regions in the development of formal financial, mostly issued laws to regulate the lending activities. Based on this, this article to extraterritorial moneylenders law as the research object, analysis of different countries and regions on moneylenders, from the expositions of the four levels of moneylender, lending rates, lending advertising, lending marketing, lending regulation, is available for the of China’s Moneylenders Ordinance learn from the experience.In this paper, the main research conclusion is as follows:(1) Moneylenders definition and qualification admittance. Extraterritorial general definition of "moneylenders" the basic characteristics of the lenders, and cited some of the illegal moneylenders. China’s "moneylenders" is different from the formal financial institutions and civil lending, lenders connotation should be relatively broad, to exclude illegal body. About qualification admittance, should consider the following factors, the establishment of the registration agency, registered with the conditions and procedures, lending eligibility period, unregistered sanctions.(2) Lending rates. The regulation will focus on: setting of the lending interest rate cap, reasonable lending rate criteria, lenders obligation to inform, illegal use of the consequences of the lending interest rates. This paper analyzes the current lending rate system with a lag, combined with the experience of the extraterritorial legal system, and that China should establish a standard unified lending rate, By the provinces (municipalities), respectively, to determine their own lending interest rate rules. In addition, different types of lending agreements should be applied to different interest rate calculation rules.(3) Lending advertising and lending marketing. Combined with the experience of the extra-territorial legal system, China should ensure that lenders advertising and other marketing means real, objective. Specific regulation of the main:advertisers qualification legitimate, truth in advertising, advertising words carefully. Without too many restrictions on other lenders marketing means, but it should not disturb the lending market as a precondition.(4) Lending regulation. This article select South Africa, Hong Kong, Japan as the study sample analysis extraterritorial on lending regulation mode. Combined with the choice of extraterritorial to regulators, regulatory content and form of legal experience, the paper argues that China’s implementation of the sub-provinces (municipalities) regulatory model. Regulatory authorities may choose the Industrial and Commercial Administrative Department, the regulation in the form of ex ante regulation, regulatory, after regulation. In addition, the provinces (municipalities) according to their own circumstances, can create the organization of the autonomy of the lending industry.