Research On Legal Regulation Of Folk Loan In China

History see to folk loan. It plays very important roles of booming economy and enlivening market, whether it is in ancient China or in foreign country. At present, folk loan, as supplement of formal finance in our country, meet financial require of middle-scale industry and small-scale industry in some extent, break monopoly formed by state-owned commercial bank for quite some time, optimize present financial system in our country. It exists objective rationality. Owning to current lack of law of regulating folk loan, folk loan undergo secretly in some extent. It causes much negative affect, which can’t be ignored including usury, illegal fund-raising, illegal private bank, etc.Chapter one, on base of viewing development of human history in historical analysis method, sketch folk loan of our country how to emerge, how to develop, role of economy and society, attitude whose governor treat folk loan, governor how to regulate folk loan. Then, analyze status of our country folk loan, meanwhile, conduct empirical study of some hot spots, including area of Wenzhou, Erdosi, Pingliang.Chapter two, on base of comparative analyzing of financial policy, financial system, economical and social role folk loan plays, we learn experience for reference. We should make best use of folk loan and regulate folk loan, so that it makes up for lack part of formal financial market, to promote balanced development of economy.Chapter three, owning to financial repression, law lack of regulating folk loan, policy lack of supporting rural economy and vulnerable groups, it causes numerous problems, including usury, illegal fund-raising, illegal private bank, etc.Chapter four, first of all, discourse folk loan exists objective in our country. We should guide folk loan to develop, regulate folk loan and make best use of folk loan. Then, by analyzing status of present folk loan law in our country, which is few, distributes in several legal norm, some of which conflict each other. Last, put forward my proposal, by introducing legal norm analytical method. Establishing folk loan law on base of separation between civil law and commercial law, current law should only be modified to normal civil folk loan. But we should specially establish law to regulating commercial folk loan, focused on subject access, lending rate, business region, capital source, etc.