| The term "cash loan" was first used to refer to small cash loans,which quickly took over the Chinese market after their emergence.Financial institution discovers through investigation,"cash borrows" the business is in our country quantity is considerable,amount of our country small-scale loan breaks through 100 million yuan last year,than year before last year growth 3 times,and "cash borrows" occupied half above.The development of "cash loan" business is the inevitable result of the development of market economy and the popularization of the Internet.But at the same time,it has many legal risks and market disputes,including the risk of too high interest rate,the risk of violent debt collection and the risk of legal application and disputes.At the same time,there is little research on the "cash loan" business in the legal circle of China.Countries issued relevant policy only issued on April 2017 on the cash loan business activities notice rectifications,carry out cash loan business activities on the rectification work added ",November 21,2017,issued by " about immediately suspend notice approved network of small loan companies,and in December 2017,two related office jointly issued the " notice about specification rectify cash loan business and the insurance regulatory commission on May 4,2018,and other relevant departments jointly issued the " about regulating the behavior of private lending maintain economic and financial order related matters notice,Lack of authoritative legal provisions.Therefore,the legal regulation of "cash loan" has become an urgent legal issue in China.Based on the actual situation of cash lending,this project adheres to the unification of theoretical research and practical discussion,and compares the differences between China and other countries in the development and governance of cash lending business through comparative analysis,and makes a reasonable analysis of the problem of cash lending.By the case analysis method,this paper enumerates the cases of cracking down on illegal behaviors of cash loan in various provinces and cities in China,and analyzes the deficiencies and problems in legislation and justice in the process of protecting citizens' property in China.Combining the significance and value of cash loan business with theoretical analysis,this paper briefly analyzes the approaches of legal supervision on cash loan.Through the analysis of the current law applies to combat the illegal behaviour of cash credit deficiency,with the status quo of legal protection of citizens' property as a starting point,discusses the problems existing in the Chinese laws applicable in this field,and put forward the corresponding solutions,in the hope of our country many based on Internet financial science and technology enterprises bigger and stronger,make relevant enterprises at risk,regulation and strike a balance between growth and promote the legalization of Chinese financial market development,and indirectly promote the comprehensive competitiveness in the field of finance in our country in the world.This paper USES case analysis,comparative analysis and normative analysis to study the legal regulation of "cash loan" in China.This paper studies the basic problems of "cash loan",analyzes the problems and their causes in the business of "cash loan" in China,and on the basis of drawing lessons from the legal regulation experience of "cash loan" abroad,puts forward the countermeasures to improve the legal regulation of "cash loan" in China.In addition to the introduction and conclusion,this paper is mainly composed of four parts:The first is the basic problem of "cash loan".This paper defines the connotation of "cash loan",analyzes the definition,types and characteristics of "cash loan",and the significance and institutional value of "cash loan".Secondly,the institutional changes and existing problems of "cash loan".This paper expounds the development history and current situation of the system of "cash loan" in China,extends the problems in the development of "cash loan" in China,and analyzes the reasons for the problems.Once again for foreign "cash loan" legal regulation and enlightenment.This paper analyzes the legal regulations,existing problems and solutions of "cash loan" in Britain,the United States and Japan,and summarizes the methods that China can use for reference.In the end,it is the core of the article to give some Suggestions on the improvement of the legal problems of "cash loan" in China.Including: accelerating the legal system of "cash loan" in China;Strengthen industry self-discipline;Strengthen the awareness of individual protection of citizens in three aspects,with a view to better development of China's Internet financial industry.According to the article,in modern society,there is a large amount of personal micro-credit loan demand,while the credit business processing process of traditional financial institutions is very complex,which requires multiple credit guarantees,and the waiting period for loan issuance is long,which makes people who are in urgent need of funds or lack of credit line put off.Because of the above similar phenomena,even if China's legal regulations on "cash loan" is not sound,the definition of it is very vague,and the legal problems in the business have not been properly solved.However,if there is demand,there will be supply,and this business will always be carried out.Therefore,whether the "cash loan" business should be prohibited should not be generalized,but more importantly,it should be developed healthily within the rule of law by strengthening supervision,industry self-discipline and citizens' self-protection awareness. |
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