Judicial Research Of Folk Usurious Intervention

Private lending is an ancient way of financing its history-honored and developed in themodern still exist in the financial community. In contemporary society is still very active, andwith the continuous development of China’s economy, civil Gregorian borrowing in recentyears showing the growing prosperity of the trend. However, because our law no sharks,borrowing folk, leading to the chaotic situation in the civil judicial the sharks borrowingdisputes intervention in practice. This article is from a practical point of view, to WenzhouFolk Gregory lending practices as a research perspective, deduce the mechanism envisagedfolk Gregory borrowing disputes for judicial intervention.The first part of this paper is to sharks, borrowing folk general theoretical overviewpresentation. The part of the folk Gregory borrowing what began, a number of basic questionsof meaning folk Gregory borrowings and type, the characteristics of folk Gregory borrowingsare analyzed instructions.The second part of this paper is the analysis of our civil Gregorian borrowing causes andmanifestations. This section first causes of civil Gregory borrowings analysis shows; Second,the analysis of the pros and cons of folk Gregory borrowings; Finally, folk Gregory lendingmanifestations and trends briefly discussed. So, I believe, continue to flourish as folk Gregorylending practices, coupled with our law on this issue regulation is not enough, is bound to itscause of many disputes.The third part of the in the the Wenzhou region folk Gregory lending practices on thebasis of judicial intervention in the problems faced by private lending disputes thinking.Analysis of Wenzhou the regional private lending crisis, the part first introduced thedevelopment status of Wenzhou private lending, and then as the basis for derivation of factualcircumstances with the Wenzhou area folk Gregory borrowing Finally, on the basis of theprevious two, the author, respectively, from a legal point of view, economic angle of interest,social harmony and perspective the focus analysis demonstrated the necessity of the Wenzhouarea folk Gregory borrowing judicial intervention.The fourth part of this paper Ponder judicial intervention in the Wenzhou area of civildisputes Gregory borrowing. In this paper, the part, I start from the Wenzhou area the typical folk Gregory borrowing Case Analysis the judicial intervention folk Gregory borrowingproblem. In this, I believe that the the identified sharks borrowing contract effectiveestablishment of the illegal nature of the conflict with the sharks lending activities; four timesthe rate "red line" is unable to meet the the judicial intervention requirements under the newsituation; lack of unified legal level judicial intervention.The fifth part of this paper is the author of the idea of improving the legal system ofjudicial intervention. What are the characteristics of judicial intervention and judicialintervention in the section, the analysis shows, and foreign judicial intervention model,China’s Hong Kong and Taiwan to interfere with the policies as well as relevant civil sharksborrowing mainly civil legal system a brief description. On this basis, the author summarizesthe practical experience of the Wenzhou area folk Gregory borrowing judicial interventionthat judicial intervention of civil sharks borrowing should confirm the existence of civilsharks borrowing reasonable; prominent social public interests priority; adhere balancelenders stressed that judicial intervention initiative with the interests of the borrower; Finally,Gregory borrowing judicial intervention in civil disputes several views on improving. Ibelieve that, more scientific and rational folk Gregory borrowing disputes intervention, firstshould as soon as possible,"General Rules on Loans; followed through at this stage, the firstpublished judicial interpretation, and provide accurate guidance for judicial intervention; onceagain to build a multi-level non-governmental lending regulatory system and a reasonableregulatory approach; final good linkage mechanism for judicial intervention epitaxialstructures and financial regulatory agencies should also be extended.