Our Country Folk Lending Laws Regulation Research

Private lending as our traditional way of financing, new features emerged in thecurrent has shown to play a major role in SME financing. However, do not fit thepositive and important role to play in our economy, and private lending, our countrythere is no one law a comprehensive system of regulation, the Government has beento recognize the legal status of private lending, undermine financial market order,crime and civil borrowing blurred, leading to a large number of private lendingunderground and become a "gray area”. How to achieve the legalization of privatelending and open, and worthy of our in-depth analysis and research. Writing ideas inthis article are as follows:Chapter I: the basic theory of private lending, three elaborate. The first section,Historical Origins of the private lending, focusing on combing the course of thedevelopment of private lending and institutional evolution; II, has defined theconnotation and extension of the private lending; Section III, the formation of privatelending logic.Chapter II: From the legal point of view the present situation and the plight ofour current private lending, two analyses. The first section, the main analysis of theprivate lending laws and regulations exist in China, focusing on analysis of thelegislative defects led to the problem of private lending underground and concealed.Section II, from a legal point of view of private lending interest rate controls andlending subject and illegally absorbing deposits from the public and private lendingblurred.Chapter III: practical experience of foreign private lending, sub-two narrative.Section I, the United States, the practical experience of some developing countriesand China’s Taiwan region on the private lending. Section II, comparative analysis,from outside the experience of the revelation of the development of private lending.Chapter IV: the legalization of private lending in China, open the legal systemand regulatory mechanisms to build, two analyses. Building point of view of the firstsection, from the legal system, surrounded by "lending Ordinance" enacted and thesupporting legal system to modify commence. Section II, the main focus of theregulatory approach, the subject, form, content and other aspects of building theregulatory mechanism of private lending.