On The Legitimacy Of Private Lending

No matter from the financial system of our country own development rule, or from the economic development of our country financial system requirements, folk debit and credit to legalize all represent the general trend. At the same time, private lending legitimacy may also be on the development of China’s financial market brings some negative effects. In order to maximize its positive effect, restrict its negative effect, must adopt a variety of measures, to strengthen the management and guidance of private lending. I engaged in credit for many years, due to borrowing by companies closing down, the reception disputes have more contact, through the master of laws course, on how to regulate private loans have further understanding. To solve our country folk debit and credit problem basic outlet is formed through legal innovation incentive system, guide the financial resource allocation optimization. Folk credit legislation should adopt the combination of natural evolution and construction, general specifications and classification standard for combining multiple levels of legislation system. Draw lessons from the United States, England, in the key of Hong Kong region and ancient Chinese legislation on the basis of experience, combined with the people’s court in the judicial practice in our country and the small loan company pilot circumstance, should as soon as possible to amend the relevant laws and establish special legal document. Borrowing legislation should only on those for the purpose of profit and specialized in the business of lending institutions and individual commercial lending standards, the focus is on the main access, lending rates, operating area, lending funds to be standardized. This article from the start with the origin of private lending, private lending origin, status, standard approaches, and to determine the main body of folk loan, floating interest rate restriction, source of funds for lending limits, area undertook the key is analysed.This paper from the following five aspects of the problem are presented:The first chapter, introduction. From the folk lends money the origin proceed with, introduced our country folk debit in the evolution process, presents the ideas and frame structure.The second chapter, the present situation of private lending. Analysis of China’s folk debit and credit status and form, discussed the significance of standard folk lends money.The third chapter, folk is leasehold specification overview. On the borrowing limits were defined, and the standard folk lends money the legislative mode and path forward overall view.Chapter Ⅳ, borrowing the main specification. This chapter which belongs to the category of the behavior of the main body of folk loan undertook discussing, discussed the establishment of commercial credit of system of admittance of main body and relax between enterprise reception control problem.Chapter Ⅴ, private lending rate standard. Analysis of setting interest rate restriction of meaning, and improving the legal liability system is elaborated the usury.Chapter Ⅵ, folk is leasehold capital source code. On the financing problems of private lending operator were analyzed, the financing channel problem are described in detail.Chapter Ⅶ, folk is leasehold regional specification. The analysis of regional restrictions and borrowing benefit and risk problem put forward according to the principle of prudent supervision determine borrowing area view.