Research On The Legal System Of Informal Finance In China

The reform of the economic system of our country makes the supply object of financial resources from the state-owned enterprises and national key projects accounted transform for small and medium enterprises which is a force to be reckoned with Chinese enterprises, and from the sources of supply of a few big banks transform for the mode of private capital bank based, supplemented by banks. Increasing the requirement for private financing, and informal finance activities have become increasingly active, especially the P2 P loan has to grow quickly in the promotion of Internet banking. With informal finance rapid and stable development, it has made up for the "Macmillan gap" and satisfied the financial needs of highly dispersed and made our existing credit system tends to more and more perfection. The Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Private Lending Cases has implementing and applying and it provides a new way to solve the problem of China’s informal finance legal issues. However, the supply of these rules does not mean that our country has a complete system of informal finance. The system should be systematic and systematic. The author believes that the existing supply of informal finance system is fragmented and non systematic, so it can not be called a complete informal finance system. Therefore, this thesis focuses on the study of the existing problems which is in the supply of informal finance system, and how to improve these problems, so that the legal system of informal finance in China has a systematic and systematic. At the same time, I through this research, it will be of great practical significance and theoretical value to improve the legal system of private financing in our country. This text has four parts to study thoroughly of China’s informal finance legal system as follows: through in-depth investigation of some informal finance disputes, and analysis on the subject and behavior of informal finance in China used the methods such as comparison,deductive induction and other methods, and summarizes of the characteristics of informal finance, and understand the positive effects and negative effects of informal finance; through the discussion of the existing legal system of foreign private lending, this is has some deficiency of existing law from the comparison of the legal norm of private loan, and find the legal system of China’s informal finance can be used for reference; through combing China’s relevant laws of informal finance, this is explicited informal finance specific direction in China from the civil, administrative, litigation and criminal law, and analysis the five problems of China’s existing legal system of informal finance, consist of not perfect contract legal system, restricted platform development, the risk of lender prevention loss, lack of legal system of lending network platform and blurring the line between illegal fund-raising and informal finance; Finally, this part is solved the problems above-mentioned, consist of through the improvement of the contract law system, improve loan risk prevention legal system, perfecting the legal network lending platform system, speed up the establishment of a unified system for the record, and clarify the definition between private lending and illegal fund-raising, strive to establish a perfect socialist market economy system of the legal system of informal finance.