Classified Regulation Of Usury

The object to be discussed in this paper is the classification and regulation of usury.Usury has existed since ancient times,its essence is the product of the contradiction between supply and demand of funds.So far,usury has a richer connotation,it is no longer the “exploitation” tool of landlords or merchants and has a positive effect on allocating funds effectively and solving financing difficulties of small and medium-sized enterprises.At the same time,usury is often involved in a number of illegal events,which makes it be a quite controversial issue.Although our country has carried on strict regulation of usury from the civil law,economic law,criminal law and other different levels,it has not been able to effectively restrain the development of usury.In the “double failure” background of the current credit market and government,and in the premise of ensuring the orderly development of private lending,it is necessary to lower the threshold of market access and protect the autonomy of both lending to stimulate the increase of private funds supply mode,aiming to reduce the market interest rate.Therefore,this paper mainly studies on classification and regulation of usury.Based on respecting the freedom of contract and protecting vulnerable borrowers balance,this paper takes the status quo of classification and regulation of usury as logical starting point to explore classification and regulation model of usury,and puts forward some suggestions of perfecting the system of usury regulation in China.In addition to the Introduction and Acknowledgement,this paper is divided into the following six parts:In the first part,firstly,the connotation and characteristics of usury are analyzed,and it is cleared that usury is helpful to alleviate the financing difficulties of small and medium-sized enterprises.Secondly,the emergence and development of usury is combed,and it points out that the emergence of usury is inevitable,and usury presents different development scale and level of interest rates in different historical periods.Finally,the social positive and negative effects of usury are analyzed,and the dialectical view of usury is pointed out.Usury only can be dredging but not stopping up.The second part mainly analyzes the regulation effect of usury from the aspects of private law,economic law and criminal law,and points out problems of current regulation mode of usury such as emphasis on financial security of regulatory concepts,inaccurate identification of usury,lack of credit management,absence of commercial credit supervision body and the imbalance of responsibility distribution and other issues.The third part puts forward the classification and regulation model of usury.Starting from the concept of classification and regulation,this part analyzes China’s different types of usury with different value demands,value conflict of “financial supervision concept”,the special background of the development of usury and the development direction of interest rate control,and points out that our classification and regulation of usury is not only necessary but also feasible.In the fourth part,by examining the different interest rate control modes,the standards and the different administrative responsibilities and criminal liabilities of usury in foreign countries and regions,the paper provides a reference for classification and regulation model of usury in China.The fifth part states that we should,firstly,provide guidance for classification and regulation model of usury through transforming the existing supervision concept of usury.Secondly,provide a practice standard for the classification and regulation of usury by establishing the standard of usury from two aspects of interest rate and main body of lending;and encourage the supply of private qualifications and further reduce the private lending market interest rates through the non-judicial criminalization and the improvement of market access.The sixth part states that one of the important reasons for the usury phenomenon is the lack of formal financial supply,to fundamentally solve our problem of usury to be targeted to increase the formal financial supply.