Study On Private Lending Legal Risks Prevention And Control

Private lending is occurring between the social individuals, enterprises and other organizations, mainly to money as a standard of value delivered, and take the way the repayment of principal and interest. Generally speaking, private lending, we will be limited to the scope of the civil acts, mainly in natural persons, legal persons and other organizations a kind of lending civil behavior, and the exclusion of financial institutions lending. In this sense, the private lending is a supplementary form of the financial institutions lending. At the same time, as a kind of important means of allocation, the private lending plays a more important role in many aspects, such as insufficient funds, rational allocation of resources and promoting economic development. But the vast majority of things have two sides, the private lending to the community, but also to the people’s economic and social life have a bad influence. In the process of solving the bad influence, the government and the legislature’s role is very important, the government should actively recognize the lack of the supervision of private lending, the legislature should keep up with the social changes, develop and improve the legal system more and more. And then realize the reasonable distribution of funds under the same conditions as the formal financial institutions and the private lending, and guide and regulate the development of the folk. In the introduction part, the author introduces the origin of this topic, and introduces the basic system of the legal regulation of private lending in the United States, Germany and Japan. In the second chapter, the author analyzes the theory and types of private lending, and discusses the reasons and types of private lending, and discusses the concept of private lending in the current legislation situation. In the third chapter, the author from the positive impact of the private lending and the negative impact of the two levels, to improve the legal regulation of China’s private lending to the social and economic development of the important significance. In the fourth chapter, the author discusses the status quo of the legal regulation of private lending from three aspects, such as government regulation, criminal law regulation, civil law and so on. In the fifth chapter, from the three aspects of administrative law, civil law and criminal law, respectively, to improve the supervision system of private lending, improve the basic legal system of private lending, and strengthen the three strategies of criminal regulation.