The Research On The Legal Regulation Of Folk Financing

As an important financing way of social and economic development, folk financing, also known as the private finance, informal finance, is a beneficial supplement to the formal finance, playing a very important role in meeting the social demand for financing, optimizing the allocation of social resources, promoting China’s economic development, etc.In particular, the folk financing plays an irreplaceable role in alleviating the financing difficulties of small and medium-sized enterprises, and effectively promote the rapid development of small and medium-sized enterprises and private economy. However, due to China’s existing laws and regulations on the shortcomings of the law regulating private financing, such as the positioning and the scope of regulation of folk financing is not clear, there are many problems of the folk financing legal supervision system and so on. While in practice, due to China’s financial repression policy implementation and the folk financing risk exists, makes the folk financing and illegal absorb public deposits, illegal fund-raising, usury etc. fuzzy boundaries. The tide of private entrepreneurs run and ordos suicides, occurred in wenzhou in recent years, "improve the financial system" of "CPC Central Committee on the comprehensive reform of certain major issue decision" through of the Third Plenary Session of the eighteen clearly put forward the development of inclusive financial, all show the urgency and importance of legal regulation of private finance to do in-depth study.First of all, this article, starting from the definition of connotation and denotation of folk financing, focus on the type of distinction between the folk financing from whether profit, legal effect, the organization form, development degree and whether the internet as the medium of folk financing and other aspects. The analysis of the basis theory of the generation of folk financing and analysis of the necessity of legal regulation of folk financing, lay the theory foundation of legal regulation of folk financing for later analysis. Secondly, on the basis of illustration of the present situation of the legal regulation of folk financing in our country and the analysis of the specific legal provisions of the non-profit folk financing, for-profit folk financing and illegal folk financing, this paper analyzes the legislation and supervision problems of legal regulation of folk financing in China. This providies the realistic reason and the foundation of legal system for the regulation path of the classification regulation and the key regulation after the text. Again, this paper introduces the practice of legal regulation of private financing of relevant countries and regions, providing the basis of comparative analysis for the later argument. The experience of the legal regulation of folk financing of the United States and other countries, the regulation practice of the money lender ordinance of Hong Kong in our country and the development experience of "He-hui" of Taiwan in our country, provides the reference for our folk financing regulations. Finally, this paper mainly focus on the perfecting of the folk financing regulation pattern, legislation, supervision system and the related supporting system. This paper points out that our country should introduce the incentive legal regulation model, implement the classification regulation and the key regulation for folk financing, attaches great importance to the financial efficiency and freedom, clear subject and content of the supervision of folk financing, and put forward the improvement suggestions of the supporting system of folk financing.