On Legal Regulation And Judicial Determination Of Professional Lending

With the huge benefits brought by the prosperity of the financial market and the strengthening of the state’s control measures on the flow of funds and financial lending,more enterprises and companies are gradually turning their financing attention to professional lending.With the help of the concealment of the behavior itself,professional lending will seriously damage the market order and undermine the national financial lending system,and at the same time will make people question judicial fairness.At present,the judicial determination of professional lending behavior in China has problems such as difficulties for defendants to provide evidence,large disputes over the handling of principal and interest,and difficulties in determining the guarantee liability of third parties.On the basis of analyzing and judging the key and prominent issues of professional lending behavior,the author believes that the behavior of professional money lenders can be regulated by improving relevant laws and regulations,strengthening the construction of professional money lender directory system,and strictly identifying professional lending behavior,so as to promote the healthy development of China’s financial market.The author mainly elaborates from the following four aspects:The first chapter introduces the actual background of professional lending behavior,the research significance and research methods of the article,and the research situation of the system at home and abroad.Chapter 2 summarizes occupational lending behavior from three aspects: the occurrence and development and harm of occupational lending,the definition of relevant concepts of occupational lending behavior,and the characteristics and harms of occupational lending behavior.In particular,it is pointed out that professional lending behavior has "adverse effects on financial markets and financial order;Violent collection is active,and the interests of borrowers are difficult to protect;Easy to trigger a chain reaction;seriously affecting social harmony and stability" and other hazards.Chapter 3 mainly introduces the current status of China’s legal regulation of professional lending,and from the perspective of "it is difficult for defendants to provide evidence and difficult to determine legal facts;The recognition and treatment of principal and interest is highly controversial;The difficulties in the judicial determination of professional lending behavior are summarized in several aspects,such as the determination and handling of third-party guarantee liability.Chapter 4 considers the improvement of China’s legal regulation and judicial recognition standards for professional lending from five aspects: improving the relevant legislation for the judicial recognition of professional lending,establishing a directory system of "professional money lenders",strictly identifying professional lending behavior,building a targeted control mechanism,and expanding investment and financing channels,and puts forward specific suggestions.