The Legal Regulating Research Of Personal Loans Subjects

Personal loans as an important financial channel of small and medium-sized enterprise play animportant role in the development of economy. Its form is flexible, simple procedures, greatly easing thefinancing difficulty of small and medium-sized enterprises. But in our country，there is not the reasonablelegal regulation on personal loans for a long time, personal loans market is very chaotic and has producedsome negative effects. A severe outbreak of personal loans crisis as Wenzhou and Ordos area, socialinfluence is very big, so the Legislation on personal loans is emergent.At present, the law of personal loans is dispersive, lack of unified legislation. This paper introducesthe present situation of legal regulation of personal loans, defines the connotation and scope, to distinguishbetween legal and illegal personal loans limits, and analyses the present disadvantages of folk loan law ofour country. On the legislative idea, it needs specific distinction. The specialized legislation of personalloans should only regulate the organization and persons that specialize in loan business. At the same timemust pay attention to the regulation of accidental loans between enterprises, we can not completely deny it.These two types of loans are mainly used for commercial purposes, involving more rights and obligation,legal relationship is relatively complex, they are easy to affect social and economic development.Traditional personal loans mainly occurs between person, the loans is mainly used in daily life consumption,usually involves the rights and obligation in the relationship between the parties and the rights andobligations relations is relatively simple, so still by the existing laws regulates. This article from theperspective of civil and commercial law regulates personal loans subject. Personal loans are propertyrelations between subjects with equal autonomy to contract.We must pay attention to regulate the loan subject，personal loans subjects contain lenders andborrowers. The lenders are a strong position and have a lot of money to lend that they get interest and asone of the main sources of income. So the nature of behavior is a financial lending business，the countrymust establish a qualification examination mechanism. Lenders divide into person and artificial persons;they should be regulated according to the actual situation of their own. Eventually making more personal loans to the public, legalization, and is under the supervision of the law to prevent civil "guaranteecompany" and "underground banks" to bring in the funds to lend. This paper introduces the regulations onlending，combined with the experience of foreign legislation to regulate the person and artificial personwho is the purpose of profit for specialized lending. When the lender is person, we should be appropriate tolower the threshold and the regulatory requirements. But when the lender is artificial person, we needregulate strictly. In the small loan company as an example, proposed a special legislative regulation shouldbe established, to determine the regulatory body, clear the nature of the lending legal.From the legislative idea of our country，when we regulate the legal subject，normally practical toprotect person rights and strict regulation on obligations. But personal loans are special, borrowers are oftenin a weak position, lenders are easy to take advantage of this chance to obtain the extra benefits. Thecontract is unfair which has a lot of legal problems. For example: high lending interest, the liability forbreach of contract is overweight, recovery way is illegal, and the lender’s right of access to informationoften is infringed. So it is helpful to reasonable regulation of the personal loans when we protect theirlegitimate interests. In this paper, from the actual situation of our country, combine with the experience offoreign legislation, the author proposed information should be protected borrower to obtain the right toprohibit lenders to take illegal way of recovering loans, the establishment of borrowing file to improve theborrower’s legal provisions of the contract registration.The loans between the corporations are specific nature which should be distinguished from otherartificial person and organizations. Although the loans are generally charge interest, with the intention oflending for profit, but it is not similar to professional lending corporation. It is often sporadic, corporationare not as the main source of income. However, the existing law only recognizes the legality of loansbetween persons, persons and non-financial corporations and other organizations, between loans of non-financial corporations is prohibited.“Contract Law” and “Company Law” do not expressly prohibitinter-enterprise loans. Rank conflict between such laws has not yet resolved. In reality there are a largenumber of inter-enterprise loans, however, the lack of reasonable legal regulation; it has exposed thedrawbacks of the existing defined by the law on personal loans. So it is appropriate to recognize theeffectiveness of inter-enterprise lending contract. For those who occasionally borrow corporations should be the protection and recognition of the validity of the contract. This is consistent with the needs of thedevelopment of our economy.