Research On The Legal System Of Lender Rights And Interests Protection

Private lending market is the complement of the formal financial market, plays anirreplaceable role to solve the problem of financing SMEs, as well as support the developmentof the "three rural".As China’s economic development and the improvement of livingstandards of the people, the folk of surplus capital also increased across the country in recentyears, especially in Wenzhou, the private lending market is also more active.At the same time,the legal issues in private lending emerge, the diversification of private lending subject,andlending practices multifarious increase the difficulty of private lending norms.The only smallloan company pilot guidance in china is inadequate to regulate the private lending market,compared to Britain and other developed countries, China’s legislative lags behind and theinterests of the lenders are often infringed due to the lack of legal protection. Today as theprivate lending market continues to play an import role, the legal protection of the interests ofthe lenders is desperately needed.Remove the introduction and conclusion, the text of this paper is divided into three parts.The first part is an interpretation of the connotation of the lenders interest. This section ismainly defined the concept of the interests of the lenders, and pointed out that the interests oflenders include lenders yield right to receive, the right to information and operationalautonomy.The second part introduces the problems and the reasons for interest in legal protectionof lenders. This part is a summarized of the infringed lenders interests in practice.This partpoints out that the lender’s legal status is not clear, too many informal contracts exist, a lack ofborrower information and the restricted operational autonomy.Then this part analyzes theseissues.from the perspective of legal culture, sociology and finance.We believe that countriescontrol over the financial and rural society today to the transformation of the civil society isthe main reason for lenders protection problems.The third part is the path of legal protection of the interests of lenders.This part isproposed against the problem in the second part.The protection of the rights of the lenders is acomplex system, involving the basic question of who will protect, protect who and how toprotect.This article thinks about how to protect the interests of lenders mainly through amacro point.This article argues that:the legal protection of the interests of the lenders shouldfirst clear the lender legal status,followed is the perfect credit information system, again to release the restrictions on the lender’s right to operate, and finally establish lending system ofhuman industry associations in order to safeguard the vital interests of the lender industry.All in all,with the in-depth development of the market economy,it is more and more obvious that theexcessive financial control restricts the economic development..Neither fundamentally to protect thecountry’s financial security, and more difficult to achieve the efficient allocation of financialresources.And in real life, weak protection of the interests of lenders and even disregard is notconducive to the reform of the financial system and financial innovation on the one hand, onthe other hand will affect the interests of the main financing capital requirements.Ultimately,the low efficiency financial allocation of entire financial system’s drawbacks is artificiallyenlarged, or even lead to a new financial insecurity motivation.This article believes thatLiberalization of financial control at the national properly and giving enders a certain degreeof autonomy in the interests of lenders will play a critical role in lenders protection...