The Research On The Prudent Regulation Of Micro-loan Laws In China

At present,micro-loan companies are nearly nine thousands,effectively solved the problem of folk financing difficulties,obtained the identity of society,and have a looser environment,but also lack clear market access standards.The operation of micro-loan companies' supervisory position is not clear,scale resulting is differ,the regulatory measures are simplex,and the regulatory discretion is random.All these hinder the development of micro-loan industry.Based on the above knowledge,this paper probes into the problem of prudential supervision in the micro-loan industry from the perspective of public law and private law.The full text is divided into five chapters.The first chapter,elaborated micro-loan companies in the development of domestic and international.Then,analyze their characteristics.In the second chapter the present situation of supervision and the current system,and stands in the two perspectives of public law and private law,and reexamines the defects of current law supervision:one is over-regulation,and the other is inadequate regulation.The former mainly reflects in: higher lending rates and barriers hinder the competition in the market,the supply and demand of financing market are split,too much restriction on property,and the tax burdens is heavy.The latter mainly reflects in:a lower legal status to the legality of regulatory approval,local governments lack of professional which led to financial risks frequently,lack of awareness of risk control within the industry,and illegal low cost will produce strong motivation to adverse selection.All the above problems reflects government in the performance of economic functions should be taken to bounded rationally,to prevent micro-loan companies from "target offset",which will promote the healthy development of finance.The third chapter in combination with the practice which caused by or related to the problems,put forward the main theories of prudential regulation.They are external cost theory and the theory of value.Among them,the external cost theory is divided into capture theory,rent-seeking theory.These theory reveals the lack of any kind can not to describe the blueprint for prudential supervision.The fourth chapter talks about we should draw on useful experience and lessonsfrom the practice of prudent supervision system in other countries,after the international financial crisis.The fifth chapter,as the concluding chapter,put forward for the establishment of prudential supervision system of micro-loan company in China.First,it discusses the functions and goals of the suited main body.It mainly discusses the suggestions of the prudent supervision system of micro-loan law in China from both the public and the private.On the one hand,public law means is hard,it is necessary and prudent.In case of over-regulation,prudential supervision should be strengthened under the guidance of the public law;On the other hand,private law means is flexible,but it should be also pay attention to be used.In case of inadequate,the function of legal incentive under private law should be emphasized.Public law and private law should be properly configured in legal intervention,to be used neutral and prudential.