Research Of The Legal Regulations Of Informal Financial Services Institutions

The development of the informal financial services institutions is a hot topic in many disputes about whether it is necessary to carry on the legal regulation and how to regulate it. After the reform and opening up, the development of the informal finance is bound to promote the development of the informal financial services institutions. However, as a kind of institutional arrangement, the informal financial services institutions has not yet come out and improve with the vigorous development of the informal finance. As an important way of the legalization of informal finance, the informal financial services institutions are very important to the development of a series of system.The first part of this paper mainly focus on the basic theory of the informal financial services, the development of informal financial services institutions in China and promote the role of private lending and prosperity.The second part mainly introduces the various forms and patterns of the informal financial services institutions in the world, and finally come to the conclusion that the different forms of informal financial services should be adapted to their own social and economic development, and also take into account the specific organizational form and the combination of informal financial services institutions.The third part is about the access conditions of the infromal financial services institutions, the market access system as the starting point of the government management of infromal financial markets, directly determines the quality of the development of the infromal financial market. This paper will focus on the institutional and regulatory system to obtain the qualifications of the market subject qualification system and obtain the contents of two kinds of access system, the registered capital, the investment subject and the business scope of the informal financial service institutions are discussed in detail.The fourth part and the fifth part respectively informal financial services institutions mainly two kinds of business, namely attract deposits and lending business is studied. First two business to carry out the "legal" and "illegal" judge, followed by discussion of informal financial services institutions of absorbing and lending behavior of the necessity of the legal regulation of, then on the introduction of the infromal financial services institutions absorbing and lending behavior were regulation of foreign law attitude and domestic law attitude based on, put forward to perfect relevant legislation.The sixth part is about the supervision of the informal financial service institutions. The normal development of civil finance has the dual function of protection and punishment. It is necessary to conduct a set of effective supervision system, which includes the choice of the main body, the market access of infromal financial services, business operations, illegal behavior and so on.The seventh part discusses the legal responsibility of the illegal behavior of the informal financial services institutions. In the realistic situation, the illegal behavior of the informal financial services institutions is mainly manifested in two categories. One is the behavior that violates the laws and regulations and the regulations should bear the responsibility of administrative law. On the basis of introducing the foreign law and domestic law, the two kinds of illegal acts are put forward.Finally, puts forward the idea of "Provisional Regulations" infromal financial services management and the legal system of infromal financial services institutions in which should establish and perfect from the following aspects:the establishment of a unified legislation on the infromal financial services institutions; the specific form of organization and form clear of infromal financial services institutions; to determine the registered capital, the investment subject, the main business scope as the standard access conditions; market regulations involving infromal financial services institutions involved in the savings deposit taking behavior object, interest rates, deposit taking business categories and the use of funds and lending, lending rates, the use of object lending funds and follow-up supervision to make a certain extent or scope; clear regulatory departments and specific the regulatory responsibilities and contents of supervision, the establishment of industry self-discipline organization, strengthen industry self-discipline supervision; improve the accountability mechanism from two aspects of administrative responsibility and criminal responsibility.