On A Number Of Legal Issues Of Private Lending

Private lending has, with the progress of social marketing economy, perfect, no longer limited to folk lending natural person and natural person, legal person between natural persons and between the lending is increasing, especially small and medium-sized enterprises to the proportion of the natural person lending is rising year by year. As China's reform and opening a new type appeared after the enterprise groups, small and medium-sized enterprises in the national economy and social development plays an important role in our country, for the fast growth of the economy made great contribution. But, in the small and medium-sized enterprise development process, a series of contradictions also gradually outstanding, one of the main problems is financing. In the process of development, small and medium-sized enterprise itself more nervous, plus the lack of funds, bank support more increased its financing difficulty. In order to the development of the enterprise, and small and medium-sized enterprise find a more convenient way to the natural person-lending.From our country's existing legal system to see, and not a special lending standard folk law and regulations, just referring to the PRC civil law general principles, the PRC contract law, the supreme people's court on the people's court case lending some provisions of laws and regulations such as separate. The law itself a lagging not only make the rationality of the folk lending questioned, the more because there is no corresponding supervision measures and makes this behavior to the country of the normal operation of the order of the market economy has caused some influence. This article from a real case of folk lending, and briefly introduces the definition and characteristics of the development of the folk lending and the reasons, analysis of small and medium-sized enterprises and the natural world of the feasibility and lending obstacle factor, finally combined with the case involves the specific problems, and put forward some Suggestions for the improvement of small and medium-sized enterprises and the natural world folk lending to the more stable the more in the long run.Paper is divided into the introduction, the text, conclusions three parts.Preface of this paper mainly introduced the writing of purpose and meaning. Because our country folk lending that aspects about the current legislative regulations exist deficiencies, resulting in the applicable law for more controversial, very beneficial to trigger the authority of law and unity, should be further improved. The text including four sections:The first part: the case analysis. Through introducing a case and its reason, the decision results, leads to our current law practice of folk lending problems of that. And that is the existing law is not perfect, should how to apply the laws and regulations in the practice of the folk lending resources. To this, legal practice to larger dispute.Part 2: about a brief overview of the folk lending. Through the introduction of the domestic and overseas scholars of the folk lending, in combination with the definition of the concrete practice, presents the author's definition. Then the features, the historical development of the folk lending and its causes analysis these three specific introduction folk lending so that people of the folk lending have a more detailed understanding.Part 3: small and medium-sized enterprises and the analysis of the natural world folk lending. Folk lending and illegal fund-raising is introduced, and the difference between the small and medium-sized enterprises and the natural world and the feasibility of the non-government loan barrier for analysis.Part four: the perfect of small and medium-sized enterprises and natural world folk lending Suggestions. In the previous research results, and on the basis of the reference of foreign legislation experience, with the reality of our country, puts forward to perfect our small and medium-sized enterprises and the natural world about the idea of folk lending.Conclusion part is to summarize the full text, and points out that the current about the identification system of folk lending legislation system, specific, comprehensive enough, in the future of legislation as early as possible in the folk lending shall be completely legal.