Research On Legal Issues Related To Private Loan

Private lending is an important part of the loan contract, also is the importantcontent of China’s financial markets. Private lending has its own unique advantages,can remedy the deficiency of bank loan. The existence of private lending can meet theneeds of fund demanders, It can help the small andmedium-sized entrepreneurs a lotwho is lack of money. But at the same time, there are many problems in the privatelending, on the one hand, we have the connotation of the private lending and theunderstanding of the legal nature of the lack of a unified, resulting in the insufficientunderstanding of private lending in reality,on the other hand, it is hard to identifiedprivate lending in reality, this to a certain extent affect the folk lending of the dispute,in addition, the boundaries of private lending and related criminal behavior is notclear, this makes it hard for China’s criminal law to crack down on crime effectively,protect the legal private lending behavior.This article is divided into five parts:the introduction, the connotation of theprivate lending and legal nature, the cognizance of private lending, private lendingand criminal. In the introduction, I will lead this topic through two cases, at the sametime, clearly put forward the two problems in private lending of our country.The firstpart of the connotation of the private lending in detail, and the legal character of thekey that is unique in the private lending compared with general borrowing contractlegal nature, for other problems in private borrowing of lay the foundation. Thesecond part, the author puts forward his own view of private lending, focus on theeffective elements of private lending, including the formal factor and substantialfactor,the condition of its nullity andvoidable and the legal results. The third part, theauthor will first discuss the constitutive elements ofCrime of illegal fund-raising andcrime of illegal absorb public depositsand other crime in private lending.on the basisof the private lending and crime of illegal fund-raising and illegal absorb publicdeposits, and to raise the legal limit, in the hope of a better use of criminal law tocrack down on criminal offenses in the private lending, maintain the security andstability of the folk lending market. Conclusion part summarizes the full text, put forward a better understanding of the connotation and legal nature of private lending,to distinguish it with its related crime, in order to better promote the development ofprivate lending.