Leual Research On Private Loan

Private loan since ancient times as a kind of important finaneing way. especia1ly in recent years, with the deve1opment of economy, people demand for money increases, development of private lending has become increasingly active. Private loan become a hot topic of discussion of the legal circles and even the whole society. Private loan outstanding contributions to the socio-economic development of our country, to make up for the lack of formal financial promote the private economy especially the development of private small and medium enterprises. But for a long time,China’s private lending has been skeptical and negative attitude, lack of specialized legal laws and regulations, be regulated by it. so that the private lending outside drifted regulatory, the private lending market is a huge risk, the severe impact of the financial order and social stability. The nature of private lending thai contracts behavior. China’s contract law only on the loan contract briefly the provisions of the private lending mainly with reference to the relevant provisions of the loan contract, the lack of a legal basis lead to private-lending contracts in practice disputes constantly, this paper folk borrowing contract perspective.10study the theoretical and practical issues of private lending contracts, put forward their own proposals on improving the systern of private lending contract. The full text is divided into the following six sections:The first chapter is the definition of folk lending, from defining the connotation and legal nature. Because our country at present to the folk lending has not yet formed a unified understanding, in the theoretical circle there are a variety of understanding, the autho. proposed on the basis of carding the theories, the connotation of the f o Ik lending, and analyze the legal nature of the private loan.The second chapter is theoretical analysis of the folkloan contract The author through to the borrowing contract legislation research both at home and abroad, pointed out our country folk lending contract essentially is the loan contract. Due to the diversity of the folk loan contract form, in this part of the private loan contract types, legal characteristics and the composition of the detailed analysis is made, on the composition of the folk lending contract, in this part on the controversial subject has carried on the thorough analysis.The third chapter is the legal risks of private loan. Private loan contract to solve the financing problems of small and medium-sized enterprises and individuals, contributed to the development of Chinese economy, these do not need to add detail, and folk lending to also bring the risk of financial, social, through the analysis of risk is advantageous to the comprehensive and correct understanding of private (?)oan.The fourth chapter on our country legislation present situation of carding on the private loan contract. Our country at present the private loan contract specification mainly embodied in the laws and adminisirative regulations and judicial explanation, in general, less law and not harmonious.has lagged behind the development of the folk lending situation. needs to be perfected in legislation, especially for folk lending subject of the contract the provisions of the scope is very narrow, will borrowing between enterprises is still excluded from loan to the legal category, has seriously do not conform to the reality social and economic development, the author points out that should broaden the private loan subject.The fifth capter analysis of the legal issues of the existence of the contract of private loan practice. In recent years, private loan contract litigation continued. including exposure to legal issues should not be underestimated. Author pointed out the problems and controversy private lending in the form of contracts, interest, guarantees and limitation of actions, such as oral contract of proof facing difficult issues of interest in the loan-sharking, four times the interest rate, compounded interest payments outstanding problems in the private loan contrac d1sputes.The sixth chapter discusses how to improve the the private loan legal system. This part of the legal issues. I believe that the combination of private lending legislation defects and practices exist to improve the legal system of pr ivate lending first legislative affirmation of the legal status of private loan, private loan only be conducive to the private loan into the legal status effective supervision, followed by private lending should be open to legal inter-enterprise loan, expand private loan body range, but should also improve on the inter-enterprise lending release supporting regulatory. Finally.1on substantive legal issues in private lending exists in the form of private loan, evidentiary issues, usury, interest rates and other issues of lesal norms in-depth analvsis.