Private Lending Empirical Research Into The Sin Problem

Folk loan is a loan of the most primitive, has long been one of the forms of financing of personal investment venture, but also small and medium enterprises the basic original capital and risk capital source. The folk debit and credit in the market economy under the conditions of daily activity, meet people and enterprises to the formal financial institutions can’t do in life and production in the borrowing requirement. But enter the process engaged in financial activities in the field of private capital, also appeared some negative factors, there is a great risk. In the legislative practice at present in our country, the private lending into the sin of empirical research, is an important theoretical significance and practical significance.In this article, the author from the folk lending into the sin of the necessity and feasibility of the method, analysis method and comparative analysis of law, combining the relevant legislation and practice in China, makes an empirical study on the existence of private lending growth in our country’s criminal crime and other related issues, combined with the criminal the crime of the Wu Ying case and Gu Xuan Phuong case and China’s current legal system, to further analysis of the related borrowing into crime. Put forward to legislative proposals, in order to perfect our country’s private lending system.