On The Private Lending Criminal Regulations

For our country, private lending is not a novelty, but it never walks into the daily lifeof ordinary people like now and become a hot topic. Private lending as a folk spontaneousfinancing means makes up the defect of the formal financial institutions, and solves thecapital bottleneck in the development of small and medium-sized enterprises. But at thesame time, it is not clear about its legal status in our country, so it hovers at the edge ofcrime and non crime in practice. Therefore, how to treat the folk lending, prevent thecrime, and highlight its role to promote the development of economy, is the questionwhich must be slove at the present stage of our economic development, and also the focusof this paper.The first chapter of this article simply introduces the case of Wu ying, the parties inthis case and the focus of the debate. The second chapter summarizes the point of view,and point the connotation of the folk lending in this paper, at the same time we comparesthe money laundering, illegal absorbing public deposits, financing, loan sharks and otherrelated legal concepts, and analysis the legal characteristics of the folk lending practices.The third chapter is about the folk lending displacement and deviation of criminal lawregulation. The blow to direct financing on legislation, criminal law is too harsh, and thereis a huge gap between on the penalty set; On the judicial application, imperfect legislationin judicial personnel can’t accurate grasp the legislation original intention, appeareddeviation on qualitative, is not conducive to the development of the folk lending, are alsodetrimental to the construction of the rule of law society. The fourth chapter is from thefolk lending and the necessity of criminal law intervention in economic activity twoaspects to interpret the criminal law the necessity of regulation of private lending activities.Private lending is irrational side, easy to evolve into financial crime, can be based onpenalty power. The fifth chapter is research in the third chapter expounds problems givesthe perfect Suggestions, should be in the tolerance of sex in the criminal law, under theguidance of thought to clarify the folk lending legal and illegal boundaries, to repeal thecontroversial crime of illegal absorb public deposits, improve the fund-raising fraud and crime issue stocks or corporate bonds, a clear usury should not be punishment.