On The Legal Regulation Of Private Lending

Since reform and opening up, private enterprise plays a pivotal role in a market economy, a pillar of the national economy. With the massive development of private enterprise, some problems are gradually revealed. Without sufficient operating funds, the private sector has encountered problems, and strong private capital, just to solve the financing problems of the private sector.Thus, the private lending rapid development, more and more people’s attention. With the acceleration of the process of the rule of law, private lending experts and scholars included in the scope of the study.At this stage, the private lending legal provisions in "general principles of civil law","contract law" and the judicial interpretation, and have not formed a specialized system. Some of these scattered laws and regulations in practice highlights doing drill stand and not consistent with the actual situation. Zhejiang Wu Ying case attracted the attention of various social circles, the private lending and illegal fund-raising exactly what is worth further study. So, this paper attempts to borrowing in the actual operation of the problems from the legal adjustment to make the shallow, puts forward some concrete suggestions.This paper is divided into three parts, each part of the content is briefly described:The first part is the basic problem of borrowing elaboration, elaborated the concept, basic characteristics, types of private lending and the status quo; The second part mainly studies the present situation of folk loan adjustment law of our country, the first listed the relevant provisions on private lending in China’s laws and regulations and judicial interpretations, and put forward a private lending legal adjustment problems;The third part in view of the problems existing in the legal adjustment of perfect countermeasures and Suggestions, including forming a unified folk lending laws; Clear division of the folk lending and raising funds illegally boundaries and stick to legitimate private lending and crack down on illegal fund raising; Relaxation of the folk lending interest rate regulation, making borrowing interest rate marketization; Improved Suggestions to the folk lending legal regulation, such as perfecting market access mechanism, attach importance to risk monitoring, enhance the transparency of information, etc.