Legal Regulation Of Private Lending

Private lending is highly controversial subject in recent years, because of simple transactions, lower transaction costs, high transaction efficiency, so more and more individuals, companies involved, attracted widespread concern in the community. As drifted away from the formal financial lending activities, has been not a special law to be its regulation, resulting in increased lending disputes, the legal rights of lenders and borrowers are not effectively protected, resulting in balance imbalance.In this regard, experts and scholars for the issues related to private loans have also made comments and recommendations, and finally in August 6, 2015, the Supreme Court issued "on the trial of the case of private lending issues of applying the provisions of the law"(hereinafter referred to as the "Regulations"), from September 1 from private lending norms and received legal protection, while giving private lending unprecedented light. In this theoretical and practical background, this paper is intended as a new judicial interpretation as the center, to resolve hot issues and causes of private lending, and think about how to better regulate private lending problems change according to the relevant provisions.This paper is divided into four chapters, each chapter is briefly as follows: The first chapter is mainly on private lending legitimacy elaborated, identified by illegitimate debt problems identified problems and crime or to analyze the legitimacy of private lending. Which focused on illegal gambling debt obligations, since the practice of private lending and gambling debts have similarities, how to define controversial, so the first part of the first half of the similarities and differences between the two are analyzed in order to elaborate a reasonable defined. Mainly for the second half of private lending and usury crime, defined crime of illegal fund-raising are discussed; The second chapter is mainly on private lending body and evidentiary issues elaborated, including inter-enterprise loans included in private lending situation analysis, and how to review the effectiveness of IOU’s how principal evidence identified. Introduces the new judicial interpretation of the conditional loan for the first time included among the contents of private lending business category, followed by the introduction of the type of IOU, IOU doubts about how to review, how the principal amount of the issues identified; The third chapter mainly elaborated on interest, private interest in lending by the period including interest and overdue interest in, which were described in detail in this chapter, in addition, also in private lending and overdue interest and overdue penalty interest similar effects were compared; The fourth chapter is related to the issue of new judicial interpretation of thinking, this chapter is the focus of this article, the first in this chapter is related to the type of crime unless the law deal with fund-raising crime other than paper. The new judicial interpretation of the provisions of this issue and did not, so I pointed to illegal fund-raising process in accordance with the crime problem to be solved this kind of problem the same idea. Followed by inter-enterprise lending conditions discussed included the scope of private lending, the new judicial interpretation of the provisions of the conditions is the only purpose of production and management as needed and does not specify what is needed for the production and management purposes. For this the author pointed out that it need to improve the legal system of private lending, specifically provided for specific problems. Finally, the interest rate applicable to the issue of new red elaborate redraw rate is the core and highlight of the legislation, the author pointed out that the new judicial interpretation of the interest rate and the floating rate into a fixed rate better able to safeguard the interests of both borrowing is reasonable. In this paper, a lot of facts and theories to the status of private lending laws and regulations to do a more detailed discussion of private lending to legal regulations as soon as possible to improve the road benefit.