A Study On The Legal System Of Civil Loan Supervision In China

The finance form of private lending has existed for many years in China, and under the background of the present socialist market economy development and financial system reform, it become more and more important for the economic development and become the indispensable important component of the non-public sectors of the economy. Private lending has the advantages of flexible form and convenient transactions, so it is very popular among many small enterprises because it provides a great convenience for their financing development. However, private lending caused the phenomenon of economic disputes and crimes frequently in the past, so our regime for the control of private lending has always been stringent. It hindered their normal development to some extent, so many private lending organizations turn to underground operations to evade controls, which create a more difficult regulatory; On the other hand, it lacks of special legislation for private lending, and some of the current laws and regulations is not comprehensive and systematic enough, which is no longer adapted to the current social and economic development level. Therefore, China should continue to work on specialized private lending laws and regulations, and establish a complete system of legal supervision of private lending, which can promote economic development and social stability of private lending effectively. In this paper, the text is divided into five parts.The first part:Foreword. This section introduces the background and significance of selecting the paper’s topic, which is the reason of choosing this topic and the significance produced by researching the topic in legal and social aspects; This paper introduces the present situation of the research, that is, what opinions is put forward by what scholars in this field, what books are published, which paves the way for the author’s further writing; research ideas and methods of the paper are introduced, as well as the difficulties encountered in writing and the author’s own innovation point in the creation of this subject.The second part:The legal supervision status of our country’s private lending. This part introduces considering provision of our country’s private lending in civil and criminal laws, administrative regulations as well as judicial interpretation, and introduces existing problems of the private lending’s legal supervision system in our country in its legal position, regulatory system, credit system and mechanism of crisis management. This makes base for the fourth part of writing. The third part:The borrowing of foreign legal regulations of the private lending’s supervision. This section introduces legal regulating problems of several typical countries and regions in the private lending regulatory, such as America, Japan, Taiwan, Hong Kong, etc; it respectively introduces the characteristics of the private lending supervision over several countries and regions, and summarizes the enlightenment for our country.The fourth part:The perfection of legal system of our country’s private lending supervision. Firstly, it puts forward the measures to perfect the legal system of our country’s private lending supervision, including establishing its legal status; appropriate modification of existing laws and regulations; formulates special laws for private lending; constructs the legal supervision system for our country’s private lending. Secondly, it summarizes the significance of perfecting our country’s legal system of the private lending supervision, which is also the focus of the conclusions in this paper:it helps to prevent high risk of the private lending, and helps to solve the difficulties of small enterprises in financing; as well as contributes to the implementation of the policy of our country’s macroeconomic regulation and control.The fifth part:Conclusion. Based on the generalization and summarization of the above four parts, it is concluded that the legalization of the private lending is imperative, which is not only the inevitable result with the development of economy and society, but also the inevitable requirement of the development of the socialist law society in our country. The important conclusion that establishing and perfecting the regulatory system of our country’s private lending laws is conducive to the healthy development of market economy, and the stability and harmony of the order of the whole society, which is also the core idea of the author.