A Research On The Legal Control Of Chinese Civil Financial Risk

In 2008, the country’s financial crisis on the important impact on the economic development of countries around the world, although the situation of the economic recovery is more and more optimistic, but at least confirmed that the finance plays an important role in the development of economy.With the deepening of the reform and opening up, private finance is gradually active, he provided funding for the development of small and medium-sized enterprises, make up for the deficiency of the national formal financial.But due to a lack of legal regulation, the folk financial risk also gradually revealed, even for regional economy and social stability has also had a negative impact.To that end, countries have adopted to crack down on criminal law, make the folk financial development in a development needs, but it is difficult to give full play to the advantages of the dilemma.How to improve the occasion, using legal means, to ensure the folk financial positive role, at the same time, try your best to avoid the happening of the risk become an important problem facing the economic development in the future.This study will be divided into four chapters, the first chapter introduces the folk financial concept, types, using the method of concept analysis, and analyze the difference between the folk finance and related concepts. Folk finance is corresponding to the country’s financial, is free from the outside the formal financial financing system of the state.Folk in it has a certain regional, flexibility and marketability.The second chapter mainly discusses on the formation of a folk financial.National financial from the folk finance, it is the folk financial highly organized, mature stage, and was approved by national form.Private finance becomes the hot topic, scholars is relying on the advantage of flexibility, inject new vitality for the rapid development of economy, especially for the development of smes, particularly striking role.But at the same time, the folk financial risk also bring their own survival. The occurrence of run time, frequent illegal fund-raising cases such as the country to be crackdown on criminal law. And this is because the country with law does not admit of folk financial position, the imperfect legal system, the reasonable to receive protection, damage the interests of the cannot be remedied.The third chapter, by using the perspective of comparative law, the system is introduced in Germany, the United States, France, Japan and Taiwan folk financial law regulation system in our country, provide the beneficial reference for us.The fourth chapter, based on the argument before, proposed consummates our country folk financial legal system. First is to adhere to the six basic principles, and as the basis, to build a complete legal system. The second is to carry on the legislation, six principles should attach great importance to the coordination of various legal departments, from the criminal law adjustment is overweight, want reasonable range. Again is to construct the government monitoring is mainly based on association relies on monitoring of self-discipline supervision system. Finally is to establish and other supporting system in the evening, including credit reporting mechanism with the case know system, flexible to adapt to the development of the situation.