The Meaning Autonomy And Legal Regulation Of The Folk Debit And Credit

As an old financial way with a long history in China, folk debit and credit is stillin existence in many other modern countries and areas. In2011, Wenzhou’s outbrokeof folk debit and credit crisis has made this issue more and more serious. Since then,folk debit and credit has become a problem which the whole nation have to face with.According to the development of folk debit and credit in our country,introduction of this paper shows us a brief picture of folk debit and credit’s currentsituations, and on this basis, this paper gives us its theme--the meaning autonomyand legal regulation of the folk debit and credit, as well as the frame of this article.This paper is divided into three chapters, the first chapter expounds the academicassociations between folk debit and credit and meaning autonomy. Firstly, the authoranalysis folk debit and credit’s legal relations which shows her theoreticalunderstanding of its connotation, extension and legal relations; secondly, the authorexpounds the related theory of meaning autonomy in folk debit and credit includingits meaning, content and limitation, which set a theoretical foundation for furtherdiscussion; the second chapter centers on researching the practices of the legislationand judicature of folk debit and credit. First of all, the author makes somecomparative study about situations of the legislation and judicature of folk debit andcredit from overseas including those developed countries, developing countries andTaiwan region, and summered up many useful experience; then the author analysislots of problems such as usury and the couple’s joint debts, and the causes in folkdebit and credit of our country, and studies their legislation and judicial difficulties;the third chapter proposed a conception of perfecting the legal system of our country’s folk debit and credit. First of all, the author analysis values of the meaning autonomyand legal regulation, secondly, after the author studies the feasibility of constructingsystem, the author thinks that China did has the foundations in economy, society andlaw in the construction of folk debit and credit foundation, then the author putsforward an idea of "meaning autonomy is the principal, legal regulation is thesupplement " and proved systematically the specific proposals of constructing systemconsidering values of meaning autonomy and legal regulation and specificrecommendations, the proposals includes the formulation of the folk debit and creditand the establishment of supervision system of folk debit and credit; finally, theauthor reviews and summarizes this paper in its last part.How to regulate folk debit and credit and make it develop to a healthy directionis one of the urgent problems which need solutions immediately. The author humblyhope that by her analysis toward folk debit and credit could help it to develop morehealthily, to improve its legal system improved rapidly, and to offer some theories andreferences in law enforcement which can solve the problems and disputes that arosefrom the field of folk debit and credit.