| Since the reform and opening up in China, private lending becomes increasinglyprosperous, the folk finance has become a hot topics in the financial circle. With thedeepening of global financial reform, legalization of informal finance is the financial sectorand the legal profession must make up for the vacancy, the folk finance is an integral part ofthe financial sector. Since1949, in order to adapt the wartime economy and planned economysystem, the state had been a monopoly on financial industry. In the effect of inhibiting finance,informal finance has been illegal financial and government to crack down on.it is like“middleman" in the criminal law of our country," crime of illegal fund-raising " become “TheSword of Damocles “suspended in the folk financial practitioners head." How to golegalization of civil finance road " is to solve the problem of private finance to reality formal.This paper, through the analysis of typical cases, the present problems, from manyaspects of folk financial history, analysis of China’s folk financial development constraintsand its causes with the reality of our country factor. Then by learning from the typical folkfinancial regulation experience of foreign countries, then puts forward some suggestions andCountermeasures in the private lending regulatory issues on financial system reform in china.The text is divided into five parts:The first part, through the folk lending in China in two case to introduce the problem.They are " Sun Dawu case " and " Wu Ying case", summarizes our country folk loan atpresent the focus of the problem, analysis for the next realistic foundation.The second part, through the analysis of the definition and current situation of folkfinance category in our country, to reveal the necessity of our country folk financiallegalization from the aspects of financial market development, welfare economics, therelationship between supply and demand and the folk financial development space.The third part, through analyzing the constraint factors of the development of folkfinance in our country to explore folk finance really problems of. The main factors includemany aspects of value philosophy, regulatory measures and the lack of risk safeguardmechanism.The fourth part, This part introduces some experiences in the folk loan outstandingforeign system, has analyzed the folk financial development the United States, Bangladesh, Hongkong and Taiwan, mainly analyzes its historical features and supervision mode, to drawsome of our national financial legalization should draw on the experience and lessons. Fullycombine the national conditions of our country and current situation, from which can meet theregulations and measures in China’s soil, making the development of China’s private financeless take some detours.The fifth part is about the countermeasures and suggestions of the present situation ofour country financial. Including the transition pressure supervision, appropriate to relax theinhibition on the folk finance; to set up a scientific market access and the introduction ofmechanism, guarantee the private financial market regulation from the source, protect theorder of financial market; the implementation of interest rate control scientifically and its folkloan amount in the control, referring to foreign experience to realize the marketization ofinterest rates in a within the limits of a science. In addition, the need to crack down on usury,illegal fund-raising activities, to create a pure folk financial market; the establishment of adeposit insurance system, to ensure the safety of depositors, so to protect the private financialinstitutions and official financial opportunities of fair competition fundamentally; after thegood folk finance association, the industry associations have many official managementagencies do not have the advantage, necessary means to strengthen the self-discipline ofindustry associations is a folk financial development on the road. |
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