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Legal Regulation Of Private Lending

Posted on:2014-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:P ChenFull Text:PDF
GTID:2296330425979126Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In order to prove their personality existed, natural persons will inevitably seek thematerial object of property separated from themselves to express their personality. Thus, theproperty becomes the substance undertakers of the personality of natural persons, and it alsoadequately explains the maxim “no property, that is, without personality”. Private lendingwhich is strongest currency trading in the Civil Society Property Law thoroughly reflects thewishes that natural persons want to express their personality. Private lending basicallydisplays the autonomy and adequately expresses the inner request of civil subject to seekwealth maximization, while private lending as the economic base of the country affectsinevitably the existence of the political state, as well as the intervention by political state. Well,in this system, the connection between civil society and political state will determine thedevelopment of private lending and affect people’s personality expressed ultimately.However, regarding our country’s economic situation in this stage, the private lendinghas made great contributions to our country’s economic development. But private lending, inour legislation systems, have neither a clear concept nor a unified standard of judgment, itcan’t achieve its constitutional utility sufficiently. Finally, the barrier will be constructed tothe personality expressed. Therefore, how to regulate private lending, make the autonomy ofcivil society in private law highlight, prevent the political state from harmful impact, as wellas put a good expression of the personality of civil subject has became the key to explore thistopic. I believe that the intrinsic motivation to determine the trajectory of private lending isthe connection between civil society and political state. Therefore, the text regards the civilsociety and the political state as the analytical tools. With a large number of theoretical andempirical analysis, I think, to regulate the private lending, we must combine the utility of civilsociety and the necessary intervention from political state. Based on above, I put forwardsome suggestions to regulate private lending.In addition to the introduction and conclusion, the body is divided into four parts:The first part of the article: the author proved the concept of the private lending by theperspective of semantics, literature research, compared the the concept of private lending withsome other similar, and eventually clarified the connotational concept. Because of these wecan lay the theoretical foundation for the theoretical and empirical analysis in the post secondand third part. The second part of the article: Starting from the connection between traditional civilsociety and political state, I conclude the bottleneck of private lending in the development ofcivil society, and put forward the theory on processing ideas through the theoretical analysis,abstraction, induction and summary.The third part of the article: I mainly discuss the empirical analysis of a physical basedon the metaphysical theory in second part. Analyzed the lending form, reason, essence andstatus of all types of civil subjects, I will provide a empirical support to explore standardizedcountermeasures.The fourth part of the article: I mainly make a theoretical and empirical analysis based onthe context of the second and third part, and put forward some suggestions to regulate privatelending.
Keywords/Search Tags:Private lending, Civil Society, Political state, Countermeasures
PDF Full Text Request
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