Research Our Country Folk Lending Supervision Problems From The Perspective Of Legislation

Since2003national restrictions on non-governmental microfinance gradually liberalized, and introduced the relevant supporting policies, folk lending developed rapidly. Now the folk lending problems has become the focus of the society. Folk lending is one of the small and medium-sized enterprise financing way. Folk financing enterprise survey team of hunan province in2008investigated, results showed that50%of small and medium-sized enterprises by way of folk lending for financing. So folk lending solves the problems of small and medium-sized enterprise about financing difficulties, it is an important supplement of formal finance, it plays an important role in promoting China’s economic development. But over the years, our country has been lack of law and system to supervise and manage the folk lending effectively. We don’t have the legislation related laws to regulate folk lending, so the folk lending supervision can’t depend on the law and the folk lending could not develop well. Folk lending in the absence of legislation, is in the state of disorderly development, disrupting the financial order and hindering the development of economy. So, to strengthen the supervision of folk lending from the legislation and perfect system is urgent.This article writes about folk lending mainly from the perspective of law. First, the paper expounds the basic theories of informal, the concept, types, causes and status of folk lending is discussed in detail and analyzes the necessity to supervise folk lending, current situation and existing defects. Second, on the basis of analyzing the trouble and regulatory deficiencies, put forward the necessity of legislation, and learn from the United States, Japan, Hong Kong and Taiwan on how to supervise folk lending. The last part of proposes consummates on how to establish our country’s folk lending supervision system in the basic of learning experience from foreign countries and regions, to strengthen the supervision of folk lending.