Research On The Legal Regulation Of Private Lending

Private lending is rapid development in2011years, more and more attention is giving to private lending, the private lending as an important means of financing for economic development, not only solved the production development funds needed for private capital to provide a way out. With the development of private lending, has also brought many negative effects, boss frequently evade payment of debts, to the private lending market shrouded in a layer of haze can not erase. Urgent need of government regulation of private lending guidance, but at this stage the government financial repression theory-led, private lending are only taking a simple and straightforward administration, lack of special laws and regulations to regulate it, so a certain level of private lending to China’s financial market instability. How we should regulate private lending activities to guard against financial risks, to play its role in promoting economic development has become to be addressed.From the following four aspects of legal regulation of building the private lending. The first part is the status quo "of the rules of private lending. First, the basic theory of private lending in this section a brief analysis of this study is built on the basis of civil lending and of Shoji lending by. The current development of the private lending cases, tables, etc. are described, pointing out the problems of private lending in our system of legal regulation is mainly reflected in the legal system is imperfect, imperfect law and regulation of private lending regulation. The second part of the relevant national and regional regulation of private lending system ". By a simple analysis of these United States, Japan, Hong Kong developed economy, and active borrowing countries and regions, the author analyzes India mainly because India RCAs system earlier, In china, Jiangsu and Zhejiang coastal areas combined regulation of great significance. Hope that we can learn from developed and developing countries (regions) the development of private lending experience, and provides a reference for the regulation of the private lending. The third part is the legal regulation of private lending theoretical guidance. Regulation of private lending need to break the financial repression theory of repression, to break through the formal financial repression on private lending, and therefore has an important role in the guidelines concept for lawmakers to make laws. Must re-build the concept of regulation of private lending. That part at the same time must adhere to the principle of private lending regulatory regime constructed to correctly handle the control and regulate the system, rationalization of interest rates and do the coordination of the relationship between autonomy and heteronomy. The fourth part is to regulate the development of a system of private lending to build ". Through the analysis of the status at this stage of China’s private lending regulation, as well as about the successful experience of countries in the governance of private lending, private lending governance system built in our country need to build the private lending market access system, the private lending market exit system to the introduction of personal bankruptcy system to resolve private lending high-risk, stable financial order, I propose to establish a deposit insurance system to deal with at this stage of the private lending credit crisis, the boss on foot, and other acts of dishonesty, follow the example of the formal financial institutions, the establishment of a credit information service system.