A Study On Civil Legal Regulation Of Civil Lending In China

Private lending is a very important way of financing since the ancient times. In recent years, with the rapid development of market economy, private lending has not disappeared. In verse, along with the rapid development of private enterprise and their ascending demand for money, development of private lending activities has become increasingly active, private lending has become a hot topic of legal science and even the whole society.The rapid development of private lending fully shows its’ function to mobilize social idle capital, supply the flaws of the formal financial sector, and promote the development of small-medium-size enterprises. But our current civil law still exist many shortcomings in adjustment for folk lending, so that the private lending in social practice is very easy to cause disputes, can not play full parts of the positive role in private finance. Thus, this article start from the folk loan contract, summary and analysis folk loan contract-related civil theory, and flaws of our civil law regulation. In order to give an advice of my own. This paper include five parts:The first part is the analysis of the fundamental problems of private loans. Mainly analyzes the meaning of private lending, the type of private lending, the difference between the private lending and illegal fund-raising and usury, the positive impact and negative impact of folk lending.The second part is theoretical analysis of private lending. Mainly introduced the reason why folk lending legal relationship starts, and lending components of civil legal relationship. This part mainly analyze the reason why folk lending financial activities frequent appeared and folk lending subject, object and content. This part study folk lending legal relationship from theory and analyzed in detail.The third part analysis flaws of our civil law in folk lending regulation. This part mainly analysis our "contract law","general principles of the civil law","general principles of the civil law views","property law","security law" and the judicial interpretations about folk lending of our current law. And summarizes the existing problems in our civil legal re- gulation about folk lending.The fourth part is about other countries and regions of the folk lending of civil law regulation. This part mainly introduces regulation status on folk lending of civil law in British, American, South Africa, Hong Kong and Taiwan, and according to their regions on folk lending legal regulation legal system, induces their merits in folk lending civil legal regulation, in order to enlightenment ours’. Thus laid foundation for draw lessons from foreign advanced legal system and to perfect the relevant legal system of our country.The fifth part is the analysis and argumentation about perfection to our civil law on folk lending regulation problem, this is also the most important part of this article. This part is based on the research result of the above four parts, puts forward some concrete Suggestions of perfecting our country’s informal lending civil legal regulation. This part borrow ideas from successful legislative experience in UK, South Africa, the United States, Hong Kong and Taiwan. And analysis our "contract law","general principles of the civil law","general principles of the civil law views","property law","security law" and judicial interpretation of folk lending, to definite object, purposes, legal forms, effect, rate of folk lending, and give some advice to perfect our legal systems. In addition, regulatory problems also involved in.