Legal Prevention Network Of Informal Financial Risks

In recent years, the rapid development of network of private lending, the annual financing volume reached13billion yuan in2010, financing amounted to6billion yuan in the first half of2011. Network of private lending to some extent alleviate the plight of our personal and SME financing. In China, the private lending has been in a legal gray area and blind spot monitoring. Currently, the network of private lending body facing network lending company main qualification is not clear, the lender funds security protection, and many of the risks. Academic network of private lending study lies in its mode of operation, type of risk, regulatory recommendations. This paper reviews the network of private lending tripartite Legal Relations Depending on the subject at risk are described, from the lack of legal and regulatory missing two angles to the structure of the risk prevention system.In addition to the introduction and conclusion, this article is divided into three parts:The first part briefly describes the network of private lending operation mode, focus on combing the legal relationship between the network lender, the borrower, the lender that is intermediate between the network lender and the borrower, the lender legal relationship. Part of the principal protection network between loan companies and lenders to ensure legal relationship.The second part, according to the network of private lending realistic operating conditions, Depending on the subject of the risk. The third part, the lack of laws and regulations, the regulatory body missing the network of private lending risks, I propose the establishment of a dedicated network of private lending Ordinance to require the definition of a network of private lending, the legal nature of the principle of market access, the main qualifications, the establishment of the way, specific details and scope of business. According to the United States have experience to build our network of private lending regulatory regime.