The Review Cognizance And Legal Regulation Of The Alienation Of Private Lending Services Intermediary

As a common economic phenomenon,in ancient times,there was a private loan,and long ago it is no longer limited to the scope of mutual help and arose commercial properties.Since the founding of new China,under the planned economy system and the height of national financial control,the private lending market lack of suitable growing environment,life lending model once limited to mutual aid,borrowing more in between with genetic,geographical and industrial relations contacts occurred directly,without intermediary lending center set.Since 2003,the state has gradually liberalized the restrictions on private microfinance,the private credit industry has been developing rapidly,the scale of lending continues to expand,private lending services intermediary industry also followed to flourish.The rise of folk lending intermediary services has played a positive role to promote the credit information exchange and improve the efficiency of capital allocation.to a certain extent,broaden the financing channels for SMEs,to solve some of the financing needs of the community.To a certain extent,broaden the financing channels for SMEs,to solve some of the social financing needs.But at the same time,private lending service intermediary as a participant in the capital market,due to the lack of appropriate legal regulation and market regulatory measures,its development is blind and arbitrary.Especially in recent years,China's macroeconomic situation is tight,fiscal policy from moderate loose to steady,formal financial sector focused on recovery of loans,the private lending market risk concentrated outbreak,a large number of private lending disputes into the court to seek judicial settlement,many irregularities in the process of private lending transactions are exposed.In practice,there are relationship of Share rights?personnel?management and control exist between part of lenders and private lending intermediary services,lenders in the name of service intermediary to obtain high interest rates.Intermediary lending service described as the community of lenders charge high interest rates gradually.Through access to relevant cases in the China Judgments Online,we found that the Judgment documents made by each court all over the country is very variable,affected by the relationship of concealment,fact finding difficulties,unclear legal provisions and other factors,a prominent problem that charging problems of lending intermediary service is becoming the current grass-roots judicial trial of private lending case.This paper takes the lending case by Xiamou which have cases in 26 regional courts in the country as an example,and divided into five parts to analyze the problem.The first part is an overview of the research situation of this topic,mainly introduces the social background of the subject research object,the purpose of this research,the main research methods and the practical significance of the thesis.The second part introduces the basic case of typical Xiamou v.Tangmou case of private lending disputes,three companies which Xiamou as the shareholder provide intermediary services for Xiamou and Tangmou.Intermediary services accounted for a total of 14.32% of the total loan.Combined with the case and features a large number of similar cases,analysis of the following four questions: the intermediary and the lender are closely related;whether the intermediary fees paid;interest rate agreement hidden;intermediary fee is extremely high.The third part briefly introduces the judgment differences on the types of cases around the court,this view is that a considerable part of intermediary service has been alienated and usury evade interest rate regulatory returns dependencies and tools for lenders,the intermediary charge intermediary costs should be recognized as lenders charge high interest deduction,and analysis of the existing facts the difficulties in the judicial practice,to solve the unified only from the application of the law cannot realize the problem.The fourth part analysis of the reasons for the alienation of private lending service intermediary from the source,capital profit is the internal cause and the absence of regulation is the external cause,deterioration of the market environment to boost this phenomenon.It is suggested that the private lending service intermediary has positive effect on promoting the development and prosperity of the private lending market.It should identify the root of the alienation and guide the healthy development of the industry.On the fifth part from the aspects of legal regulation to promote the normative development of folk lending intermediary services,and mainly provides five kinds of suggestions that is establish the classification system,clear the main access requirements and regulatory agencies,formulate special management measures,uniform judicial judgment standard.