Research On The Regulation Of Private Lending Legislation

In recent years， with the continuous development of macro economy， the folklending in the financing of social capital， make up for a lack of formal financialinstitutions financing products， promote the development of small and medium-sizedenterprises played a huge role，but due to the lag，lack of legal norms，dislocation，folk lending the related social problems seriously threaten the stability of financialmarkets and the social stability and security. Based on specific concepts as thefoothold， legal norms as the breakthrough point， in the thorough carding folklending legislation status quo on the basis of the analysis of problems existing in thecurrent legislation related folk lending， and the focus at home and abroad forreference， the legal system as well as the knowledge of relevant domestic scholars inthe past the basis of the folk lending legislation for specific measures are put forward.Outlined the development of the folk lending legislation in our country， includingnew China legislation on private lending is roughly summarized as absolute silencefrom1949to1978， from1979to1995， relatively loose， between1995and2004series legislation strictly regulated， since2004loose restrictions and four stages.Through the comparison of the different definitions of the relevant domestic scholarsto the folk lending and the domestic relevant normative documents for the definitionof folk lending to determine the specific definition of private lending， andconnecting with the concrete practice to our country folk lending for characteristicsanalysis. Combed the legislative status quo of China’s private lending， covers thelaws， administrative regulations and administrative rules and judicial interpretationsand other normative documents，and a brief evaluation. Summarizes our country folklending legislation present situation existence indistinct definition legal concepts，legal norms， there are conflicts， issues of legal liability is not clear. Draw lessonsfrom abroad and other regional folk lending legislation precedent， together with thepresent situation of legislation in our country， the people’s court for the judicial practice of the situation and local folk lending rules and regulations， the targeted andfeasible legislative proposals are put forward.