The Thinking Of Seveal Problems About Building The System Of Anti-Usury In China

Since the early development of human society, borrowing and lending phenomenon has existed for thousands of years, almost throughout all stages of social development and human civilization. And building a good anti-usury system is an important means to regulate the behavior of lending、combat usury as well as an important tool to protect the legal rights and interests of borrowers and lenders and guide the rational allocation of resources.At the present stage,our country is in the important period of economic system transformation, due to various reasons, the development trend of private lending is on the rise, usury phenomenon is widespread with a series of social influence and problems following by. At the same time, the existing system of usury regulation is not satisfactory. In the foreseeable future, with the advancement of marketization of interest rate, the pricing for interest rate and the credit management system will be changed constitutionally, and the establish standard of usury which is based on the four times of similar bank lending rate will also lose its meaning.Therefore, constructing a new system of anti-usury which is suitable for China’s national conditions is imminent now. This master’s thesis, which is about building the system of anti-usury in our country, aims to do some preliminary research on the problems like the principle of system construction and the standard of usury from analyzing current situations, reasons, features and other aspects of usury in our country.This master thesis is mainly divided into four chapters in the paper. In the first part, it starts to make a simple definition of usury from the perspective of lending subject. Then analysis the reasons and characteristics of usury combined with the national conditions,illustrate the importance and urgency of building a new system of anti-usury with reasons which is including the dangers of usury, the defects of the system presently and marketization of interest rate.The second part, put forward some principles,which is necessary for building the system,due to the value and goal of building the system of anti-usury.The third part, research on how to build a cognizance system of usury based on China’s national conditions, combined with the determination of interest rate cap, the judicial discretion and the legal consequences of usury,.The last part, puts forward some views and suggestions about the loan contract, market access of professional lenders and so on.