Legal Consideration Of Wuying Case About Private Lending

The WuYing case, a case involving the grey field of the legal regulating of theprivate lending, ended with the final appeal made by the Zhejiang Province HigherPeople’s court. The WuYing case attracted broad attention of different sectors of thesociety in our country. That was not only the attention for WuYing, but also theattention for the chaotic situation in the field of private lending. The current law fallsbehind of the development of the folk financial, the private capital has been urgentlyentering into the financial application and the small and medium-sized enterprisesneed to get financial support through the private lending eagerly. Problems in thecredit market lead to widespread dislocation in the financial system and our financialmarket. This article is based on the background of WuYing case to analyze the legalissues in the field of private lending and table the regulatory suggestions.This thesis is divided into four parts:Part I: the WuYing case the merits Introduction, a brief review of the WuYingcase’s background. Also be produced according to the progress of the case of acomplete, clear and simple time series, the last part of the sequence listed in the finalcore views on the case.Part II: the WuYing case the legal issues resolved, first introduced the financingsituation of small and medium-sized enterprises in our country reflected by theWuYing case. Then, by introducing the development of the private lending in Zhejiang province at the time of the WuYing case occurring, to discuss the positiverole of folk lending for small and medium enterprises fund-raising.The third part discussing the legal position of the private lending reflected by theWuYing case. First, introduce the basic connotation of the private lending. Comparedthe private lending with usury and the fraudulent fund-raising, to summarize the legalcharacteristics of the legitimate private lending.Part four:the thinking of the WuYing case and Countermeasures. Thinking aboutthe WuYing case,raised the proposal mainly from the angle of the law.