On The Legal Regulation Of Private Financing

Since the reform and open policy, China’s civil financial has been quite active in promoting economic development process play a positive role. At the same time, because of lack of civil financial subject behavior the legal standard of reasonable, it long free in the financial regulatory system besides, caused a few regional economic risk, to social order and financial safety brought a certain impact. Therefore, to our country civil financial legal system research, is a have important practical meaning and theoretical value subject.This paper argues that China’s civil finance has a objective necessity, not is subjective product development, the economic development, especially the development of the non-state economy has an important role. But, as our country civil financial markets also have their own system of the vulnerability of the market failure and problems, the need for an external legal system power adjustment. And over the years of the construction practice of the formation of the final legislation is large, complex, a legal framework, administrative norms, the spirit of the documents and policy instructions become legal system construction of private financial main course standard, involved only a few of the relevant legal provisions and the standard also too abstract and the principle. Our country civil present situation of the construction of the financial law caused by lack of civil financial subject legal rights and obligations of the imbalance and civil financial activities under different pattern, overweight responsibility rates between the law poor coordination, illegal financial activities of the legal definition of rough and the regulation as well as standard related content missing. That is lead to social the macroscopic level and micro levels influence of the negative effects, not only against our country civil of the financial market of deepening, also make our financial field contains huge risk.To make our country civil financial really break at present "underground" awkward position must be prompted civil financial activities criterion development, change to the civil financial pressure situation, to construct a set of perfect civil financial legal system. Establishing new civil financial legal principle, give the lawful civil finance subject legal status; To define the legal and illegal fund-raising civil lending legal standards, perfect social funding behavior laws and regulations, strengthen and intermediaries codes of conduct. Established in the form of access legalization mode. At the same time, the introduction of new regulatory mechanisms reconstruct our national civil financial supervision system. And through the modification and perfect our country’s personal bankruptcy system, the credit system and the protection of the legal system of form a complete set to promote the healthy development of civil financial more.