Legal Regulation Over Civil Finance In China

Thirty years of reform and opening up, the non state-owned economy make a spurt of progress, which is our country’s huge bright spot in the process of transformation from planned economy to market economy. Our civil finance but also has made tremendous contributions on China’s economic development, good to make up for the lack of formal finance, promoted the development of private economy. However, the Chinese government has never faced the positive effect of civil finance, has no specific laws and regulations and policies to carry on the reasonable guidance and supervision, resulting in the expansion of risk in civil finance market, affected the stability and security of entire civil finance market. Civil finance in the long-term government repression, can still exist tenaciously and grow strong, explains that it is the needs of society, and is consistent with the rules of market economy. The risk of financial market is unavoidable, and civil finance is necessary to the comprehensive development of China’s financial market, its role can not be underestimated. Therefore, we can not restrain civil finance because of risk, should control risk reasonably, regulate civil finance in law to guide its standard development.This article is divided into five parts, and starts with the theoretical basic of legal regulation in civil finance, then demonstrate the problem of legal regulation over civil finance in china. The first part is preface, introduces the research background and significance of this article, forms the literature review after integrating a large number of civil finance related data at home and abroad, and sums up the thesis writing thoughts and research methods. The second part is the beginning of the body, reforms the theory of legal regulation in civil finance, introducing the thought of modesty, and advocates the theory of modesty on the regulation of civil finance, constituting theoretical basic together with the theory of financial regulation and fairness, provides certain theoretical guidance for civil finance legal regulation. The third part defines the civil finance combined with the actual of China’s finance, and analyses basic situation and predicament of civil finance at present, which provides the basis for improving control measures. The fourth part summarizes principles of legal regulation over civil finance on the basic principles of economic law. The control principle is the embodiment of the theory of regulation, can be summed up as the appropriate intervention principle, classification principle, balance principle and the principle of fair competition. The fifth part is the core of the article, makes the legal regulation over civil finance more specific on the basis of the first three parts, puts forward a constructive measures, mainly recommends that the government can confer on the legal status of civil finance; intervene in civil finance moderately; improve the entry and exit mechanisms of civil finance; strengthen the supervision of civil finance; follow up related measures.