Research Of The Legal Rule And Regulation Problem Of The Private Lending In Our Country

As a social economic phenomenon, the private lending is playing very important role in social development. The country have gradually alleviated the restriction on the private economy, folk capital have been accumulated continuously and the development of middle and small- sized enterprises require a lot of funds. Because the credit policy of our country is adjusting to the moderate austerity rapidly now, the credit scale of the formal finance institution is shrunk substantially, there is not perfect juridical system on the private lending in our country. Promoting the development and prosperity of the private economy as well as middle and small-sized enterprise, at the same time, the occurrence rate of the private lending dispute, usury, and illegal fund raising stay at high level. It brings quite impact to the social order and financial security meanwhile leading to the meditation on the many juridical problems of the private lending. On the fourth plenary sessions of the CCP, the importance of ruling the country by law is emphasized and point out perfecting the legislation system constantly, and boosting scientific legislation.This dissertation is mainly about how to complete the juridical norm of private lending of our country. It is to put forward the suggestion so as to promote the private lending developed in a healthy and ordered way. Firstly, with the basis of economic development situation of our country, to discuss the concept, nature and type of private lending, analysis the positive role of private lending emerged in development and its negative effects. Secondly, to discuss the private lending development history of oversea representative countries and regions and to refer the government control measures of the oversea countries and regions. Strengthen the market economy balanced development of our country. In terms of the experiences of oversea countries and regions, only acknowledgement of the legitimate status of the private lending, we could bring it into the formal finance systems gradually and supervise it availably and guidance it continuously, forced it transformed into the entire finance system gradually. To boost the economy of our country healthy and ordered development. Thirdly, after researching the existing relevant law on the private lending in our country, finding the problems and imperfections of the legislation. There is not a consistency stipulation on the private lending in the existing law and regulation in our country. There is not harmony between host law and lower law, new law and old law. Furthermore, somewhere there is some contradictory situations. It is a huge intangible obstacle for self-development and disposition the dispute of the private lending. Finally,it is about to regulate the private lending system and to come up with the legislation conceive and feasible suggestion for the private lending. According to the development situation and characteristics, allocating the power resource fairly, it is the precursor to equally protect the rights of each organization which take part in private lending market. It is final target to keep the economic order steadily. Under the promise of equal, voluntary, fair, honesty and credit, to acknowledge the legitimate status of private lending system, to loose the supervision and control dimension, to establish the relevant supervision and control mechanism. To bring the private lending into the country’s supervision and control regions. To ensure the security and development of the private lending system, meanwhile improving the utilizing efficiency of social funds.