Study On The Legal Regulations Of Our Country Private Financing

With China’s rapid economic development, private financing has expanded rapidly. Although private financing for economic development has an important role in promoting, but has gradually increased cases of illegal fund-raising, to financial stability and the smooth operation of the market has broughtgreat danger, damage the interests of the masses, affecting social stability. Wu Ying particular fund-raising fraud that private financing once again become the focus of attention.People’s Bank of China will be defined as private finance law with respect to state approved the establishment of financial institutions, and refers to non-financial institutions, individuals, companies and other economic entities (except financial) between the currency as the underlying value of the transfer and the principal and interest pay.Author based on private financing meaning, lending body is different financing forms and financing, which will be private financing is divided into four categories.Private financing has strong geopolitical, so credit is high. Not only has the diversity of the body, and high interest rates, flexible terms for small and medium enterprise development has provided a guarantee.In recent years, the state-by-step control of private financing loose, but in reality the lack of private financing transactions standardized operation, illegal fund-raising is becoming more rampant.This not only undermines China’s financial environment, and easier to evolve into the crime of illegal deposits from the public, financial fraud and other economic crimes. Therefore, the concept of private financing and related financing to distinguish very necessary. Currently, the development of private financing market more active than ever, with many deep-seated reasons. Although private financing to promote the sustainable development of the domestic economy, prosperity and development of the market economy has a very positive sense;however, public financing risky, but China’s current law is not clear on its specification, unable to control the risk of private financing, easy affect the healthy development of China’s economic operation,In recent years, private financing uneven regional development in our country, the relevant legal rules and norms there are also many problems. Private financing fragmented legal norms, norms of civil law does not comply with the above-mentioned financing trends and legislative trends, civil, administrative responsibility, criminal responsibility and were content to achieve different effects on private financing deviance control. Therefore, China has legalized the status of private financing is not only necessary but also feasible. We continue to explore with our private financing development road with Chinese characteristics, but also the attitude should be objectively studied overseas legal regulation. Adopt a scientific approach to draw such as the U.S., Germany, Japan, in private financing the advanced experience of legal regulation, to revelation of private financing sector development.Over the years, private financing has not been a legalized status, lack of relevant legal norms and effective regulatory regime. What kind of private financing in the case is legitimate, under what circumstances is illegal; under what conditions should be protected under the law, but under what conditions without legal protection for private financing activities and should bear how kind of legal responsibility.How to guide the healthy development of private financing, has become the urgent problem. Therefore, improving the legal regulation of private financing has important significance. First, a clear scope of supervision of private financing, the establishment of the main access conditions for the financing of the legal status of folk. Secondly, the establishment of private financing of civil law protection mechanism, the integrated use of a variety of civil liability way to build civil liability system. Once again, strengthen private financing legal and regulatory mechanisms, the rational allocation of administrative custody of private finance and build prior supervision, administrative supervision system investigated afterwards. Then, improve the criminal law to protect private financing mechanisms, legislative interpretation of the relevant financing concepts for crimes related to the criminalization of financing. Finally, to improve the legal system related to private financing, as soon as possible <Private Financing Act> to promote the healthy development of private financing legitimate.