The Research Of China’s Private Lending Legal Regulation

Since the beginning of2010, the state began to shrink the monetary policy,private lending interest rates began to spread, a large number of small and mediumenterprises in the Wenzhou region start to close, causing the official intervention ofthe entire Wenzhou usury event. Private lending have been an important means offinancing, especially in rural areas, there is a wide range of markets. But in ourexisting financial system, the private lending to the lack of appropriate regulatory andmature risk control system, its potential risks are also increasingly prominent thataffect the development of the real economy. Private lending in order to embark on ahealthy development track, and need to be reasonable guidance and regulation. If youcan not divert private lending reasonable, will cause the financial crisis, the impact ofthe normal operation of the national economy. To prevent the result of the collapse ofprivate lending, and make it a better development to adapt to the needs of the capitalmarkets, to become the focus of the study of financial laws and regulationsThe thesis is divided into introduction, body and conclusion of three parts, inwhich the content of the text include:The first part of the definition of the concept of China’s private lending, featureanalysis, as well as a general introduction to the classification of private lending.Compare domestic scholars define different private lending and domestic law thedefinition of private lending to determine the specific definition of the private lending,and to characterize combined with the concrete practice of China’s private lending,private lending positive and the national economy negative impact, in order to give areasonable position.The second part of this article as a starting point in the case of Wu Ying, to studyprivate lending legislative situation. Focus on the angle determined from the legalstatus of the regulation, to distinguish between legitimate private lending and illegalfund-raising, illegal deposits from the public to distinguish, and the head of thepresence of high interest rates language are analyzed to draw on the legislativeexperience at home and abroad, asked the high interest rate incriminating point of view.The third part is the focus of this article, from a legal point of view to look atprivate lending, private financial positioned correctly, not all private finance can givelegalized, but should be treated differently. Focus on the legal regulation of the privatelending, regulatory issues arise where there are a variety of reasons, the analysis ofthis article focuses on three dimensions, civil criminal administrative perfect law, tomake up for the current regulated by the laws of the defect, the private lending shiftfrom gray identity to the sun.