Research On The Legal Regulation Of Private Lending Interest Rate

The origin of the private lending is far before the regular financial system and is still active in the stage of social and economic life.Especially in the recent years, with the vigorous development of social economy private lending is more and more important in the country’s financial status of the credit. Private lending is found favour in the eyes of men who are lack of funds as a kind of simple and convenient way.It indeed can effectively make up for the lake of credit of formal financial institutions in solving the enterprise,personal life and other production need.And it also has played a positive role in promoting the use of social capital flowing.The basic theory of private lending interest rate need to be completed and private lending also need to be regulated by law,especially for the private lending interest rate.Legal regulation of private lending interest rate is essentially a kind of intervention of public power for private law autonomy in the field of contract.But the intervention of the legal regulation has its legitimacy foundation.The legal regulation of private lending interest rate is mainly from three aspects of validity of contract rate, computing method of interest rate and the interest rate risk control.The legal regulation of private lending interest rate in our country still exists many difficulties.It is necessary to study it in detail and analyzes the causes of trouble and combie with the experience of ouside areas. So we can improve the legal regulation of private lending interest rate in our country.The full text is divided into four parts.The first part is the basic theory of legal regulation of private lending interest rate.It is the base of full text.It discusses the basic theory of private lending,the interest rate and its legal regulation.And it defines and analyzes the research object of this article so as to discuss the follow-up article.The second part is the analysis of the present situation of legal regulation of private lending interest rate in our country.It analyzes the typed ways of legal regulation of private lending interest rate from the legislative level.And it discusses the private lending interest rate from three aspects of validity of contract rate,computing method of interest rate and the interest rate risk.It points out the widespread problems of private lending cases in legal system and judicial practice by the analysis of typical cases.It explains the reasons of legal regulation of private lending interest rate which is in trouble and puts forward the main problems this paper intends to solve.The third part is the extraterritorial investigation and experience of the legal regulation of private lending interest rate.It comparises and analyzes the practice and experience of Italy,Japan,the United States and Hong Kong from the legislative and judicial level.It can be seen that it is different in the ways of legal regulation of private lending interest rate in different areas.But the legal means is their common experience.Especially the reasonable law system provide an important basis for judicial activities and change the state of chaos of the private lending market effectively.The forth part is to put forward suggestions of the legal regulation of private lending interest rate in our country. It suggests that we should complete rules about the private lending interest rate from the legislation level so as to strengthen the legislative regulation of it.It said that we should think in many degrees in the judicial practice of specific cases in order to protect and balance the legitimate rights and interests of both parties.So we can protrude the judicial regulation of it.It suggests the government to establish the guide mechanism of private lending interest rate and the diversified dispute settlement mechanism of it so as to play the enforcement’s regulation and guidance role.