On Legal Regulations Of Private Lending

Private lending is one of the effective means of private financing.It spontaneously originated from society and has a long history in our country?region?.With the rapid development of China's economy,formal financial institutions approved and regulated by the state have been unable to meet all the financial needs of society.Private lending gradually becomes a beneficial supplement to the formal financial institutions.Private lending has become an important means to help small and medium enterprises to obtain funds.It alleviates the problem that small and medium enterprises or individuals are difficult in obtaining funds from formal financial institutions.Private lending has played a catalytic role in the economic development.But at the same time,disputes related to private lending are becoming more and more.Social violence caused by private lending cases has also aroused people's concern.It's imperative to let the private lending continue playing its beneficial role to boost the economy and avoid its adverse social impact.In order to maintain social stability and harmony,we must improve the legal regulation of private lending.This paper is divided into five parts,as follows:Chapter One: Introduction.Firstly,it explains the background and the significance of the topic.Secondly,it summarizes the research status of legal regulation of private lending both at home and abroad,and finds out the shortcomings of the study of legal regulation of private lending.Then,it explains the research methods taken in this paper.Finally,it puts forward the innovation of this paper.Chapter Two: Overview of Private lending.First,the concept of private lending is expounded.Second,it analyzes the main forms of the existence of private lending in China and its impact on society,laying a foundation of putting forward the suggestion that China should adopt the classified regulation of private lending.Third,Analysis of the advantages and disadvantages of private lending.It emphasizes the irreplaceable role of private lending in social and economic development,but its disadvantages can't be ignored.Chapter Three: Current situations and shortcomings of private lending.This chapter starts from the analysis of the current situations of the legal regulation of the main body,interest rate and supervision,then leads to the shortcomings of the legal regulation of private lending in the supervision and the construction of the legal system.Chapter Four: Extraterritorial practice and beneficial enlightenment of the legal Regulation of private lending.This chapter analyzes and studies the practice of legal regulation of private lending in the country?region? of United States,Britain,Japan,Hongkong and regions of Taiwan,then sums up the experience and useful enlightenment of legal regulation of private lending in overseas countries and regions.Chapter Five: Suggestions of improving the legal regulation of private lending.This chapter puts forward some suggestions on the legal regulation of our country?region?'s private lending in two parts.First,it puts forward the legislative route that the legal regulation of private lending should afford the way of classified regulation.Followed by the specific recommendations to improve the legal regulation of private lending,including improvement of regulatory system,improvement of related supporting system of supervision and improvement of the relevant legal responsibilities.