Research On The Legal Risks And Prevention Of Lending Among Natural Persons

Non-governmental lending among natural people is an ancient credit activity.It is the origin of various forms of lending nowadays.It has the characteristics of decentralization,concealment and freedom.It occurs among hundreds of millions of subjects,and its risk prevention has always been a difficult problem.Based on the relationship of kinship,geography and industry,compared with formal finance,it has a strong information advantage,which can effectively overcome the risk caused by information asymmetry between borrowers and lenders.However,with the development of economy,the accumulation of people's wealth and the increasing frequency of lending activities,the scope of lending gradually breaks through the original circle of acquaintances and turns to half-acquaintances and even strangers.When the loan relationship occurs,the information superiority of the former acquaintances is weakened,which leads to an increase in the number of disputes and a gradual sharpening of contradictions.Our law does not interfere and restrict the lending relationship between natural persons too much.It fully respects the autonomy of both sides.How to identify risks,prevent risks,and how to use the law to safeguard their legitimate rights and interests after disputes arise has become a problem that must be paid attention to by the participants in the lending between natural persons.In addition,stakeholder lending in the form of legitimate lending can easily lead to economic and social risks,and the prevention of lending risks has more social significance.The main body of this paper consists of five chapters.The first chapter is an introduction,which includes the classification of private lending by the theoretical circles,the connotation of the definition of private lending by law,the characteristics of natural lending by comparison with other forms of lending,and the constitution of the legal relationship between natural lending and human lending.The second chapter is the analysis of the legal risks of the borrowers.Based on the perspective of various borrowers,it systematically combs the possible legal risks of the lenders,borrowers and Guarantors in the lending activities.The third chapter is about the current situation of the legislation of non-governmental lending in China,including the legislative status,the protection and deficiencies of lending.The fourth chapter uses comparative research methods to learn and draw lessons from the legislative provisions of private lending in the United States,Japan,Singapore,Korea and China.Chapter five puts forward some suggestions on the legal risk prevention measures of natural human lending,including perfecting legislation,perfecting supervision,strengthening risk prevention awareness,training honest and trustworthy social culture,etc.