| 2012folk lending is a year of rapid development, is the folk lending is more andmore attention, the folk lending as a kind of important financing means of economicdevelopment, not only solve the problem of the funds required for the productiondevelopment, also provides a way for private capital. With the development of the folklending, also brought many negative effects, frequent usury, boss run road, to the folklending market covered with a layer of indelible shadow. Folk lending in urgent need ofthe regulation of government guidance, but the present stage is dominated by thegovernment in the financial repression theory, the folk lending only take simple directmanagement style and to the judicial relief of the simple, lack of special laws andregulations to regulation, so in certain degree layer on folk lending to financial marketin China has brought instability. Folk lending supervision in our country due to thelimitation of itself and the law is not enough, and the contradiction between the privatelending market boom is becoming more and more serious, how to avoid the folk lendingto collapse under the interests, make the folk lending more can adapt to the economicdevelopment the demand for capital, has become a problem to be solved. This article inthe first chapter first makes a preliminary definition of the concept of private lending,with the difference between financial lending, commercial lending, and the comparisonwith usury, illegal fund-raising, tries to give an accurate definition of private lending,and introduces the foundation of the folk lending in China, analyses the reason of theexistence of private lending; Analyses necessity in the second chapter, the folk lending,from the construction of social harmony, to promote the development of the economy,balance regional financial services, to share the financial risk from four aspects analyzesthe positive role of private lending, from society stable factors increase, the negativeeffect on the national economy macro-control, to some extent, increased financial risks,resulting in the loss of national tax four aspects analyzes the negative effects of folklending analysis; The third chapter, mainly to the United States, India, Taiwan and othercountries or regions of private lending system, summarize relevant experience; Thefourth chapter, the author to our country folk lending laws regulation in legislation,administrative supervision, the present situation of the judicial practice, comparing withabroad system were analyzed, and to establish common folk lending laws, theadministrative supervision of the folk lending access mechanism, judicial practice howto safeguard the holder of the private lending and equilibrium degree of nationalfinancial management system.This paper adopts the text analysis method, comparativestudy method to research the folk lending problems, also hope that through this articleresearch, to our country folk lending into the dilemma of solution to provide some suggestion, expect to continue to carry forward the folk lending is utility, weaken thenegative effects of folk lending, so as to promote social harmony. |
