A Study On The Legal Regulation Of China 's Civil Finance

Since the reform and opening up, with the market-oriented reform of China’s economy continued to deepen, the national economy has been significant development, China has become the second largest economy in the world. Among them, the developing speed of the private economy is even more alarming. However, the reform of China’s financial system lags behind the economic system, the private economy is difficult to obtain financing from the formal financial institutions. A large number of start-up capital and development capital of private enterprises often comes from private finance. Private finance has undoubtedly become a catalyst for rapid development of private economy. But China’s current legal regulation of private finance is very imperfect and rife with problems,on the one hand, private finance can not develop to high level, professional and economic benefit of private finance is not to maximize,on the other hand,the risk of private finance can not be effectively monitor,which giving rise to a large number of private financial crisis.In view of the above problems, this thesis is divided into five chapters.The fist part is the introduction,which takes the private financial crisis of Shenmu county in Shaanxi Province as the cut-in point to raise the issue of legal system of private finance. The second part is the first chapter of the formal text, according to the actual situation of informal finance in our country carries on the summary to the folk finance in our country. The first section is on China’s informal financial legal definition, to determine the scope of the research questions. The second section is the relationship between it and the folk finance similar terms, in order to be able to do have a definite object in view. The third section is the concrete manifestation of folk finance in our country, including private lending, silver and private banks, pawn shops and Internet financial. The third part is the main body of the second chapter, The second chapter is about the reasons of folk finance in our country and the rationality of the existence.The first section describes the causes of informal finance in China, according to the domestic and foreign scholars on the theory of financial repression, as said, the information asymmetry theory and institutional change theory; the second section is the rationality of the existence of the informal finance in our country, describes the folk finance in our country, rural formal financial and positive impact on small and medium enterprises in the development of the fourth part is the body of the third chapter. The third chapter is about the legal regulation of private finance in China and the existing defects. The first section describes the history of China’s legal regulation of private finance, from the founding to the present mainly divided into four stages, including the relatively loose during the period, more standardized, more strict period and gradually relaxed period; second section describes the defects of legal regulation of China’s informal finance in our country. Including the private financial focus on compulsory provisions, the lack of legal liability, increase the folk finance law unified and clear, there is a conflict, a lack of private financial regulatory system, the lack of specific and matched with the private financial regulatory system between the different level of the law. The last part is the fourth chapter of the main text, which is the key chapter of this paper. The first section describes the folk finance in our country by law principle. One is in the legislative idea "stalls", treat the folk finance to achieve fairness and justice, the two is to moderate supervision of nongovernmental finance, guarantee the safety and freedom of private finance; the second section mainly expounds the specific measures of legal regulation of private finance, one is to establish a multi-dimensional folk finance the regulatory system, two is to improve the financial legal system in our country, the three is to develop the folk financial supervision content, the four is to perfect the related system of regulation of private finance in china.