Researching Of The Folk Lending Legal Issues

Private lending, as a kind of folk financing different from the formal financial institutions, with its simple and flexible features, provides financial support for the development of small and medium-sized enterprises. With the diversification of economic development, folk debit and credit transactions have become more frequent, then raises a series of problems, such as wenzhou boss run phenomenon, the wuying case, etc. The occurrence of these cases make the investors worry about the rights and interests. At the same time,let us realize that the issues of lacking legislative and regulatory issues need to be addressed.This paper is according to the history and present situation of the private lending and the development of private lending abroad, and summarizes the problems existing in our country: the legal standard is not unified,private lending lack legal status and judge discretion about private lending cases is very less;private lending lack of market regulation and We have no the related regulation of private lending now;the fixed interest rate are disadvantage to develop private lending market.So i puts forward some suggestions for the development of private lending.First,we should issue special laws as soon as possible, on the basis of "a deposit lending organization", establish the legal status of private lending.Second, we should perfect folk lending supervision, clear regulatory agencies and regulatory responsibilities. Third, we should build floating interest rate cap by building market, making interest rates more in line with the characteristics of the market self-regulation.