Regulate The General Principles Of Civil Financial

Private finance is always a controversial problem. With the development of reform and opening up, the scale of private finance is expanding. From the simple private loan, loans between the enterprises to the complicated"He-hui", illegal private bank, colleting money, the development solves the difficulties of financing, but the government adopts the reserved, even suppressing attitude. The supervising organs change the attitude from the suppressing to acquiescence to a certain extent with the understanding of the private finance. More scholars also devote to the research of private finance, appealing to legalize it. However, there is no consistence in the field of theory. Meanwhile, the research usually stays on some concrete forms, instead of legislative norms which are applicable universally. The article defines the private finance, starting from its intension and extension and applying the methods of the legal and economic research. Because of the diversification of the private finance forms, most of the scholars retain their research on them. But the article analyses some typical forms and concludes legislative norms which are applicable universally.The article includes four chapters. The first chapter analyses the intension and extension of private finance that are held by the scholars, then redefines them and divides its definitions in narrow sense and board sense. The second chapter states the reasons of generation, the advantages and disadvantages and the effect of private finance. It investigates the necessity of existence and legalization, based on the finance situation. The third chapter analyses the changing attitude toward the private finance and shows the defects of the present legislation according to the regulation of our government. The fourth chapter solves problems. Referring to the legislation of foreign countries, it produces general principals that regulate our private finance, and proposes some related institutions.