| Private lending in China has a long time, plays an important role to our country economic development, is an integral part of financial market in China, is a powerful supplement of formal financial. With the advancement of national entrepreneurship and development of small and medium-sized enterprises, small and medium-sized enterprise financing is more and more difficult, personal capital needs sometimes cannot be obtained from formal financial institutions in a timely manner. Under this background, the folk lending status becomes more and more prominent, more and more gets the public recognition, especially the emergence of network borrowing, lets a natural person get the funds needed for the timely and convenient. But in our country there is no specialized law to reasonable regulation of private lending, recognized its legal status, carry on the reasonable guidance and supervision. Although a standing committee of National People’s Congress of Zhejiang province Wenzhou folk financing management ordinance to regulate private lending, but its content is empty, no concrete content, and this is just a local rules and regulations, only for this place, only as a pilot of legal regulation of folk lending, not enough to solve the problems existing in the process of Chinese private lending. Must study the overseas countries and regions in the folk lending legal regulation on the basis of the status quo, draw lessons from the beneficial experience, combined with the current situation of our country folk lending at the same time, the building in conformity with the characteristics of folk lending legal regulation system in our country, only in this way they can better play to the positive role of private lending, timely solve the problem of capital requirements of small and medium-sized enterprises and natural persons, activate the private market, promote the economic development of China.This article first to the folk lending is defined, and then discusses its influence, legal regulation, pointed out our country folk lending laws regulating the defects existing in the present situation, namely, a, existing laws too simple fragmented and contradiction between each other, no distinguish between profit-making business borrowing and lending to ordinary folk; Second, the lack of perfect legal definition, identification rules, the legal standard also has not been established; Third, private lending between enterprises ban has been unable to adapt to the development of economy; Four, severe operating commercial lending it confines, remains to be further expanded; Five, the lack of regulation, not form a perfect supervision system; Sixth, the legal system with reality and seriously behind the development of the private lending itself.Analysis of the above defects at the same time, to overseas countries and regions, the folk lending are introduced, sum up the useful experience of private lending regulation, then put forward from the aspects of legislation, regulation and other Suggestions of perfecting our country’s legal regulation system for private lending. Legislative Suggestions include: first, to develop special folk lending single-line method, the special legislation should be formulated by the specific 1.the legal status of private lending;2.lending;3.lending interest rates;4.borrowing contract form; 5.and borrowing regulatory issues such as subjects, objects, and to consummate the legal liability associated with private lending system. Second, the specific legal norms related to the folk lending. Regulatory proposals include: first, establish and improve the regulatory model. Second,to perfect the regulation related supporting system, specific regulatory system including 1.market access system; 2.deal registration system; 3.information disclosure system; 4.market exit mechanism. Other places need to improve include: first, perfect the monetary policy, especially to 1.deepen financial reform, abolish the formal financial monopoly. 2.relax the folk lending interest rate control. 3.taxation support for private loans. Second, set up information platform of small and medium-sized enterprise capital requirements.Through the above measures to perfect our country folk lending laws regulate the status quo, guide the folk lending to develop in the direction of legalization and regularization, sunlight, activate the private capital, the idle funds to redistribute to emergency demanders, avoid the idle capital, improve the efficiency of resource utilization, to better contribute to the economic development of our country folk capital. |
