Legal And Economic Analysis Of Judicial Identification Of Professional Lenders

In order to regulate private lending and avoid financial risks,the "minutes of the nine people" and the "new lending regulations" legally identify the lending groups that are profitable,repetitive,non-specific and have no legal lending qualification as professional lenders.However,in the actual identification process,the identification standards of local courts are not only inconsistent in the main elements,but also different in the weight proportion of elements.The goal is to reduce the deviation and the judicial cost of the identification process,Zhejiang Province and other places have established a directory of professional moneylenders,but there are different identification standards and chaotic identification conditions in the specific identification.In Weike,I first made a query with the keyword "professional lender".As of December 2021,a total of 11846 legal documents were collected and studied one by one according to 10% of the number of cases in each province.Extracting seven important indicators,such as the number of loans,interest rate,and the number of times entering legal proceedings,also I checked whether he/she had the routine loan means,whether the loan object was specific,whether the lender was in the list of the Directory of Professional Moneylenders,and whether the fund was his/her own,I used logistic and probit models to identify whether the lender was a professional lender,tested the accuracy of the identification model.Besides,I explained the importance of building a designation model,and analyzed from the perspective of economic analysis of law with criteria such as for-profit,repetitiveness and non-specificity of lending behavior.The final empirical results show that professional lenders can be identified through the model,and the goodness of fit of the model is significantly improved after adding the explanatory variable of professional lenders’ name list.The establishment of professional lender model can reduce the inaccuracy of the identification process,reduce the judicial cost and improve the judicial efficiency,which has important legal significance.