The Research On Legislation Of Non-Governmental Credit Loans

In recent years, the non-governmental credit loans have developed rapidly in our country, there are a lot of the non-governmental credit loans in the judicial practice case. Our country law is not perfect. There are the lack of a systematic and comprehensive legal regulation, which would cause a lot of difficulties for the judicial practice, and affect the healthy development of China’s financial institutions. The paper has four parts. Firstly, it introduces general situation of the non-governmental credit loans. secondly, it analysis the defect of legislation about non-governmental credit loans in our country. Then it refers to the foreign legislation of the non-governmental credit loans. Finally, it puts forward some advice about the non-governmental credit loans to our country for legal regulation.The first part is about the summaries of the the non-governmental credit loans, This parts mainly divided into three parts. Firstly, it is the concept of the non-governmental credit loans. As to the concept of the non-governmental credit loans, there are domestic and foreign scholars from different angle to make the rules. Many foreign scholars from the aspects of financial regulation and informal financial organizations own properties to define the non-governmental credit loans. Domestic scholars believe that the non-governmental credit loans have narrow and broad conception. The latest judicial interpretation of the supreme people’s court on some issues of applicable law in the non-governmental credit loans cases regulations adopted in the definition of the non-governmental credit loans broadly, and admit the legality of the money lending between enterprises.Secondly, generalized the non-governmental credit loans in the judicial practice is divided into the civil the non-governmental credit loans and commercial the non-governmental credit loans, which are so different that the legal regulation should be treated differently. Secondly, the paper analyzes the current situation of our country the non-governmental credit loans, mainly about the main body of the non-governmental credit loans, the non-governmental credit loans to the professional, the non-governmental credit loans development deformity, and the non-governmental credit loans poor regulation.The second part analysis the main combed the the non-governmental credit loans legislation in our country, and to reflect on the legislation of the non-governmental credit loans, from deficiency of the legislation of our country to the the non-governmental credit loans. Our country the non-governmental credit loans our country the non-governmental credit loans laws do not for commercial sex the non-governmental credit loans and civil legislation, the non-governmental credit loans difference between the the non-governmental credit loans is also the traditional repressive legislation, and lack of special legislation of the non-governmental credit loans.The third part is mainly the non-governmental credit loans outside method. Mainly illustrates Singapore,the Hong Kong and the United States. In order to protect the legal rights of the lender, Singapore has established the lenders act, for the non-governmental credit loans conducted a series of tighter regulation, regulation of lenders access system, exit system, operation system and supervision system. The legislation of Hong Kong is similar to the legislation of Singapore. The non-governmental credit loans market in the United States is more freedom. Many private lenders to formal financial transformation, transformation of many the non-governmental credit loans for community Banks, and Banks conducted a series of legal regulation of the community.The fourth part is legislative proposals to our country’s the non-governmental credit loans Firstly, this paper expounds the paths of the non-governmental credit loans legislation made in our country. Secondly, the provisions of the regulation of the non-governmental credit loans shall follow the basic principles, main including the followings, convenience trade principle, principle of transaction security maintenance, respect the principle of party autonomy and the principle of honesty and credit. Finally, it put forward the establishing and perfecting our country the non-governmental credit loans laws regulating specific Suggestions, generally including six aspects. 1 it is about the main body of the non-governmental credit loans rules and regulations, with reference to the lenders act of Singapore perfect the non-governmental credit loans access and exit system.2 it is restrictions on the non-governmental credit loans areas appropriately. 3 it is to develop diversified interest rate cap. 4 it is gradually let go of the non-governmental credit loans financing channels.5 it is the large registration system. 6 it is differential tax breaks.