A Study On Some Legal Problems Of Folk Loan

Since China’s reform and opening up,high-speed development of marketeconomy led to the development of civil society as an important means of financinglending. However, due to lack of specialized legal norms, the existing legislation isnot sufficient to be standardized, so that the field of private lending our chaotic.Highlights the nature of the lender and borrower qualification raising rather vague, theformer is reflected in the fund is invested borrower or borrowing shares often dispute,which need to be considered qualified shareholders, the latter often in thedevelopment process and illegal raising class boundaries blurred criminal, financialand economic order which is healthy and orderly development of China had a hugeobstacle, but also increased social instability. But in our current economic system,whether it is economic development or social stability needs to play an important rolein its private lending indispensable to solve the above problems can be effectivelyregulate private lending. This article is divided into the following chapters:Chapter One: First introduced in case a cement plant in Guizhou, and the basicfacts are analyzed. Then down leads to problems to be discussed in this article fromthe case, namely: the transfer of private equity lending, the nature of the borrower toraise questions, judgment criteria deal with the problem. Focuses on the backgroundand the deep-seated causes of the problem.Chapter Two:Discusses the issue of transfer of private lending in equity, equitytransfer from law to the provisions of the start, focuses on issues of businessregistration of the equity transfer did not apply, the final combined treatment advicegiven case.Chapter Three: This section focuses on the nature of the borrower to raise capitalare discussed, from the concept of private lending and manifestations start combiningthe basic theory of the crime of illegal deposits from the public, through the legalinterests, goals and behavioral consequences subjective distinction between the threeaspects of the two, the final The court gives the combined treatment advice.Chapter Four: This part of the judgment of the private lending standards were analyzed as to whether the standard is beyond the boundaries of the national interest,in the case of specific interest to analyze the problem, focused on the circumstances ofthe present case and the judgment has not been the case sentencing rate problem.