On The Private Lending’s Crime Or Not

Private lending has been presented in our country for a long time. In recent years,with the rapid economic development in china, in order to conquer the financial crisis andto prevent the inflation, Chinese Government has taken a series of measures to controlcredit scale in the macro-control, it results a phenomenon of booming demand and supplyof funds in private lending market, thus private lending enters an advanced stage ofdevelopment. However, because of the deep-rooted tradition of dual economic structure,coupled with the fragmentation of private lending market’s laws and regulations and withother reasons, lead to a criminal tendency in the process of development about privatelending, which brings China’s financial markets’ security a potential danger. This paperdescribes the basic problem of private lending, analysis the main reasons of the criminaltendency in its advanced development process, through distinguishing the two concepts of"the crime of illegal deposits from the public "and" the crime of financial fraud" which aremost similar to private lending in Criminal law, investigate private lending’ crime state ornot, and based on this test, the author try to put forward how our criminal law regulates theprivate lending’s alienation to the crime of illegal fund-raising, in order to protect the safeoperation of the private lending market in the lack of a unified regulatory legal system.