Commercial Law Regulation Of Private Lending In China

With the development of market economy in China, private lendingincreasingly actives, However, in the process of folk capital into the financing field,there are some legal problems to be solved: the private lending how to access thefinancial market? The subject and behavior system of private lenders how toestablish? The scientific legal regulation to private lending has become an urgentsocial issue.From the private lending storm happened in our Wenzhou area, perspectivesour private lending activities’ survival condition in the present system and theimportant influence on present society, states the purpose and the meaning of writingthe paper, Defines the concept and features of it: Expounds the legal nature of theprivate lending: States the legal relationship initiated by the private lending.Usingthe method of comparison and research, states legislation and practice of continentaland British and American law system countries’ regulation about private lending,summarizes the parts can be used for reference such as actively guide, preferentialsupport, risk mitigation and strengthen supervision.Using law analysis method,perspectives our private lenders’ subject system, private lending businessresponsibility system and the lack of commercial business tort damage relief system,analyzes the defect of supervision systems about private lending and points out theproblems.By use of legal theory and related disciplines knowledge, puts forward thespecific system design to our private lending commercial regulation, includingprivate lending subject system, commercial business responsibility system,commercial business tort damage relief system with certain novelty and puts forwardspecific improvement method and content for establishing and perfecting the privatelending supervision system.