Study On Chinese Lending Regulation

Private lending as a spontaneous formation of a civil society in the process of economic development credit form, corresponding to the national financial, it was a spontaneous, facilitating financing, its birth and development have strong traditional pit in China has existed in Western Zhou dynasty more than 2,700 years ago. In recent years, various types of management consulting firms, P2 P lending agencies, private capital has the fast changing, soaring increase in civil disputes and criminal offences, makes the problem of private lending has been wide concern in the community again, which itself relates to economy, culture, society and people’s livelihood, institutional construction and other aspects, can be described as extremely important. In the prosperity and development of the market economy, and the rule of construction, private lending mutual coordination between the legal system is arguing with the legal practice and theoretical.It is in this context, this paper attempts to examine problems in China’s legal system of private lending norms and its causes, in a rational and objective look at the status of private lending in China and lagging on the basis of the legal system, and coordinating private lending in China and countermeasures on perfecting related legal system norms conflict. This paper is divided into three parts:In the first section of the first part elaborates the concept and legal character of private lending, at the conclusion of the scholars on folk debit and draw their own conclusions on the basis of defining, and answer for the concept of borrowing to be known, to the subsequent analysis on legal characteristics of the private lending and concluded it. The second section talks about the historical development of China’s private lending, documented from the Western Zhou dynasty to the convening of the CPC Central Committee 18 thousands of years of history, objective analysis, analysis of its borrowing from ancient times in the civil legal relationship of subject and object, the changes of outside legal norms, obtained after the analysis and summary of the situation. On private lending in China in the third section of the summary analysis and summary of the current status and problems, including borrowing under the environment of market economy in China reflects the positive and exposed negative.The second part is the description of the conflict of legal system of China’s private lending. first section elaborated the core conflict of China’s private lending legal system, from the subject problem to design rules, and then to the application of the law; the second section is described the related law system of China’s private lending laws including the crime with the non crime problems, supervision problems, intermediary institutions problems.The third part is on the basis in reference to the continental law system and common law system legislation of regulating private lending and practical experience, analysis about conflict of China’s legal system of private lending issue, proposed to distinguish between civil lending and commercial lending model, as this coordinated path of conflict resolution options. In specific measures, proposes to strengthen the protection of the interests of lenders and borrowers, to strengthen the lending intermediary service organization norms, to strengthen industry self-regulatory and to strengthen lending law constitution and to strengthen the establishment of private lending supervision systemCoordination measures complement each other and interact, in a nutshell, in order to enhance the coordination and complementation of private lending laws, more rational to guide and regulate the sound development of private lending only by coordinating the establishment of legal system of private lending standard method will solve it.