Several Legal Issues In The Folk Financial Research In China

Financial is an ancient folk financial form, in the long years of long standing and wellestablished, it is experiencing the cycle of “prosperity, decline, and prosperity” development,demonstrates the strong vitality, the development of economy and the progress of the societyplays an irreplaceable role. Today, the commercialized degree of formal financial graduallystrengthened, the formal financial service object is specific, private finance as a financialforce gradually expand the impact on financial markets, should not overlook the positive roleof private financial, people more and more clear understanding to the private finance for thedevelopment of economy, state and government also gradually give up determined to crackdown on financial policy and began to admit that the folk financial booster force for financialdevelopment, and timely to encourage and guide the folk financial development, this is accordwith the objective law of development. But it is undeniable that our country folk finance is nota clear positioning, there are still problems with the development of the folk financialenvironment, the folk financial development pace is still behind the financial economicdevelopment speed, people in the folk financial sector is still promising, and should be, let thefolk financial along with formal financial services for financial reform, promote economicdevelopment and social progress.Civil finance and formal finance is a relative concept, from a macro point of view,financial, there is no formal and folk, but due to the impact of the financial activities onsociety, the government began to strengthen the regulation of financial activities, theseincluded in the national financial regulatory system of financial slowly became a formalfinancial, from outside the financial regulatory system of finance is edge into the folk finance.The current financial market in China has the problem of insufficient supply of formalfinancial, private finance get appropriate timely supplement in the soil and played animportant role, but the legal status of private finance is not yet clear, still there are many legalproblems, the healthy development of the financial needs for folk financial legalization andstandardization. In this paper, based on the Angle of the law, adhere to the folk finance ismissing part of the financial system and the complementary relationship of civil finance andformal finance, emphatically analyzed civil legal obstacles in the process of financial development and risk, and analysis to the folk financial development, explore the folkfinancial supervision configuration, supporting system construction and so on.This article is divided into five chapters, the first chapter is the introduction, this part firstintroduced this article selected topic background, research significance, based on the realisticbackground, to show the importance and urgency of folk financial problems, fully expressedthe positive significance to the healthy development of the folk finance, and to highlight theresearch value of the paper. Second, the folk financial research both at home and abroad arereviewed, the analysis of the existing research results, find out the folk financial research anddevelopment status. The last part of this chapter explain the research methods and innovationsof the article, to increase the overall context of master in this paper.The second chapter to the folk financial overview, this chapter is the folk financialconcept, characteristics, main types and the folk financial existence inevitability and necessityof regulation is introduced. Folk finance, it is to point to without financial regulatory approvalfor the authorization management, lack of standard operation instruction, free from the currentfinancial regulatory system of the folk financing form. As the defining the author from thesource of funds, financing the irregularity, the regulation of the financing process of thinking.In combination with the existing research results, briefly discusses the folk financial types, theauthor emphatically illustrates the necessity of folk financial existence again and the necessityof legal regulation.The third chapter is our country folk financial development and the existing legalproblems, is presented in this chapter is divided into two parts. The first part introduces thefolk finance in China from the Angle of history, a brief development-absolutely forbidden-loose, strict control, development and trend of gradual liberalization, to guide thestandardization development provides the basic facts. The second part introduces the folkfinancial regulation the status quo, put forward the folk financial development is currentlyfaced with the lack of law, lack of regulation and guarantee mechanism is imperfect and so onlegal issues.The fourth chapter is about outside the legal regulating of the folk financial helps foranalysis, this chapter analyzes and summarizes the American credit unions and communityBanks in the form of legal norms path for the development of informal finance, introduces the Japanese rotary fund and endless form gradually developed for formal financial organizationdevelopment model, and the Taiwan region according to the folk financial scale, formdifferent with different regulatory model development experience, and the enlightenment toour country folk financial development.The fifth chapter about thinking and Suggestions of perfecting our country’s civilfinancial legal regulation, this chapter is on the basis of clear our country folk financialproblems, considering the foreign experience, the development of targeted put forward thefolk financial marketization of equal opportunity and development, regulation legal systemthe concept of development, legal system, perfect regulation, and put forward suggestion tothe establishment of the supporting system.