Legal Consideration Of Private Lending Mass Default

Finance is the core of modern economy. As an important supplement of the formal financial system,the private lending has a very important position in the financial system in our country. As the financial policy of relatively relaxed, the size of the private lending expands, because of its procedure is simple, rapid lending and rapid development momentum. However, due to the corresponding financial and legal system is not sound, the private lending blindly, hidden defects such as highlighted. Private lending disputes lawsuit to flourish, the private lending case in the wake of marriage and family,and it has become the second big type in civil lawsuits in 2015. After years of development, private lending gradually appeares in recent years the creditors group, the spread of the group of default mass characteristics. Induced by the occurrence of a single contract or a specific event private lending default to produce a chain reaction, this phenomenon is common in more cases. But coping mechanism existing in the face of the private lending mass that is difficult to effectively regulate of default risk, in view of the private lending mass series of default cases have been repeated the same defendant charged situation now, single line of the civil procedure law of trial procedure has not meet such case. Private lending in the face of new situation of the development of the new situation, how to understand the nature of the private lending mass default and characteristic, for its lack of "hard cap" interest rate regulation, people square boundary nothing. Case preservation rate is high, the parties should appeal to rate is low; "Breakthrough" would be acquaintance community, high difficulty of risk assessment; Default spread widely, the problem such as systemic risk increase after legal thinking put forward effective measures to cope with the situation, is one of development need urgently to solve the problem of private lending.Research ideas of this paper are as follows: Make legal consideration of the present situation and the empirical analysis on the private lending mass default on the basis of relevant theories, together with of our country private lending mass default regulation.Besides preface and conclusion, this paper is divided into four parts:The first part writter defines the private lending mass default from the number ofdebtors, then wtitter analyzes the similar concepts of mass defaults. Private lending mass default refers to the field of private lending is based on a default or multiple with homogeneity for major property damage to the more than 30 people specific creditors, or cannot reimbursement amount more than 10% of the total amount of borrowing has a certain scale and systematic violation of so many of the loan contract. From mass-scale defaults and mass-scale infringement, individual defaults and ponzi scheme and analyze the uniqueness and clear mass defaults.The second part from the regulation status and empirical level analysis of private lending mass defaults. At present, our country private lending related legislation present situation mainly showed in the legislative effect level is low, the regulation strictly guided pine, mass defaults legislation level there is space for development. Then "warren" as the empirical, the lack of private lending mass default system is analyzed, which leads to the third part.A third part to the legal thinking of private lending regulation difficult problems of mass default domain, including: lack of "hard cap" interest rate regulation, people square boundary nothing; Case preservation rate is high, the parties should appeal to rate is low; "Breakthrough" would be acquaintance community, high difficulty of risk assessment; Default spread widely, systemic risk to enhance legal problems to be solved.The fourth part puts forward the construction of private lending mass default and preventive measures of the idea. Should shift to the private lending supervision at present stage, first of all make hard cap, rein in punishment regulation, from filing at the beginning of the private lending cases, clear mass default cases by the boundaries of the people into the punishment standard. Secondly, lending to distinguish between the main body, classified registration regulation. Specific include lending to distinguish between the main body, improve the system of registration and control credit risk, perfecting the regulatory functions. For series case is likely to cause low efficiency, the author suggest to build system of typical cases. Finally, we should introducte bankruptcy system, by drawing lessons from the advanced experience of the Taiwan region, perfect the exit regulation. Looking forward to solve the problem by another way.